Rochester Wrongful Death Attorney
There’s nothing more painful than losing a loved one to a preventable accident caused by negligence. When someone loses a life because of a negligent act, you can hold the responsible party accountable.
We’re here to help. The William Mattar Law Offices in Rochester, New York, are experienced lawyers who understand your situation. We’ll guide you through the next steps and ensure your family gets the support they deserve.
You’ll find a Rochester wrongful death attorney you can trust with William Mattar Law Offices.
Rochester Wrongful Death Guide
- What Constitutes Wrongful Death?
- Types of Wrongful Death
- Proving Wrongful Death
- Statute of Limitations in New York
- How a Wrongful Death Claim Works
- Wrongful Death Damages
- What Do Wrongful Death Attorneys Do?
- Don’t Waste a Moment. Call Us Today
Why You Can Trust William Mattar Law Offices’ Rochester Wrongful Death Attorneys
Availability
Our team is available to speak with you 24/7.
Experienced Attorneys
With over three decades of experience in personal injury law, we know your rights and the process to get the compensation you deserve.
Proven Track Record
We’ve helped thousands of clients obtain the best results in their cases. Visit our Testimonials page to see what satisfied clients say about our services.
No Upfront Costs
Your initial case consultation is always free, and there’s no obligation when you call or contact us online. Plus, with our No Fee Until We Win promise, you won’t pay any attorney’s fees unless you win or settle your case.
Dedicated Legal Team
Our legal professionals work together to prepare a strong claim on your behalf so you can focus on regaining your life.
We’ve protected New Yorkers’ rights since 1990 and helped clients get the compensation they need to pay for their injuries. We are ready to fight for you with our knowledge and resources.
What Constitutes Wrongful Death?
A wrongful death happens when someone dies due to another party’s negligence, recklessness, or intentional actions.
The deceased’s family may seek compensation for medical costs, funeral expenses, lost income, and loss of companionship.
Although money can’t replace a loved one, a successful wrongful death lawsuit offers financial stability and justice for the bereaved family.
Types of Wrongful Death
Wrongful death can result from:
- Vehicle accidents caused by reckless or impaired drivers
- Medical malpractice
- Hazardous conditions or inadequate safety measures
- Defective products
- Violence, such as assault or homicide
If a death occurs due to someone’s negligence, lawbreaking, or malicious intent, it likely constitutes wrongful death. The deceased’s survivors can hold the at-fault party liable through legal action.
Proving Wrongful Death
To prove wrongful death, you must establish:
- The defendant’s negligence or intentional actions caused the death.
- Show the defendant owed a duty of care to the deceased and breached it through their conduct.
- Use evidence like police reports, witness statements, and expert testimony to demonstrate negligence or wrongdoing.
- The death resulted in financial losses for the surviving family.
- This includes medical bills, funeral expenses, lost income, and loss of companionship.
- Document these losses through bills, invoices, and financial records.
- The deceased’s estate has a personal representative.
- This person, usually a close relative, manages the deceased’s legal affairs and pursues the claim on behalf of the estate and family.
- The court must appoint the representative to grant legal authority to proceed with the lawsuit.
You don’t want to collect evidence, assess losses, and navigate legal proceedings during such a challenging time.
Our experienced wrongful death lawyers can handle all aspects of building the strongest case possible and securing the family’s deserved compensation.
Statute of Limitations in New York
- Standard Deadline: Generally, the statute of limitations for wrongful death in New York is two years from the date of death, not the incident that caused it.
- Special Cases: Some exceptions apply. For medical malpractice resulting in wrongful death, the deadline extends to two years and six months from the death date. If criminal charges are involved, the statute of limitations may be extended to one year after the case concludes.
- Contrast With Personal Injury Claims: Note that wrongful death statutes of limitations differ from personal injury claims, which typically allow three years from the incident date.
This difference is pertinent if the person initially survived but later succumbed to their injuries.
Considering the strict timelines, consult an experienced attorney to ensure you make it on time.
How a Wrongful Death Claim Works
Familiarize yourself with the wrongful death claim process to know what to expect and how to prepare:
- Consult an Attorney: Review your case with a wrongful death lawyer to determine if you have a valid claim.
- Investigate and Collect Evidence: Your attorney will investigate and gather evidence like police reports, medical records, witness statements, and expert opinions to support your claim.
- File the Lawsuit: Once enough evidence is collected, your attorney will file a wrongful death lawsuit on behalf of the deceased’s estate and surviving family.
- Conduct Discovery: Both sides exchange relevant information and evidence, including depositions where witnesses and involved parties are questioned under oath.
- Negotiate a Settlement: Many wrongful death cases are resolved through settlement negotiations. Your attorney will work to secure a fair settlement that compensates for your losses without going to trial.
- Proceed to Trial: The case will go to trial if the parties don’t settle. Your attorney will present evidence and arguments before a judge and jury, who will decide the outcome.
- File an Appeal: If either party is dissatisfied with the trial’s outcome, they may appeal to have a higher court review the decision.
- Distribute Funds: If you win or settle, the awarded funds will be distributed to the deceased’s estate and surviving family members.
You don’t have to navigate this confusing process alone – our attorneys will guide you through every stage of your wrongful death claim.
Wrongful Death Damages
Wrongful death claims compensate surviving family members for various losses, both tangible and intangible.
These damages fall into three main categories:
- Financial Losses
- Final medical costs
- Funeral and burial expenses
- Lost current and future income
- Emotional and Psychological Losses
- Loss of love, affection, and companionship
- Loss of guidance and support
- Mental anguish and suffering
- Punitive Damages (in extreme cases)
- Awarded to punish and deter particularly egregious conduct
The recoverable damages depend on the unique circumstances of each case and the relationship between the deceased and the surviving family members.
A skilled wrongful death attorney can assess the full extent of your losses and fight for the compensation you deserve.
What Do Wrongful Death Attorneys Do?
Wrongful death attorneys provide crucial support and guidance to clients grappling with the loss of a loved one due to someone else’s negligence or misconduct.
Here’s how they assist:
- Legal Skill and Knowledge: Wrongful death attorneys possess in-depth knowledge of laws surrounding wrongful death cases. They explain legal intricacies in plain language so clients understand their rights and options.
- Investigation: Attorneys conduct investigations to uncover evidence supporting the claim. They gather medical records, witness statements, and expert opinions to build a compelling case.
- Negotiation: Experienced attorneys negotiate with insurance companies or responsible parties on behalf of their clients.
- Court Representation: In cases where parties can’t settle, attorneys represent clients. They present evidence, cross-examine witnesses, and argue persuasively to advocate for their client’s interests.
- Emotional Support: Wrongful death attorneys understand the emotional toll of losing a loved one. They offer empathy and support throughout the legal process, providing a compassionate ear and resources for coping with grief.
- Financial Recovery: Attorneys pursue compensation for various damages, including medical bills, funeral expenses, lost income, and pain and suffering. They strive to alleviate financial burdens, allowing clients to focus on healing.
- Closure and Justice: Seeking justice is vital to healing for grieving families. Attorneys work diligently to hold responsible parties accountable for their actions, providing a sense of closure and promoting societal safety.
- Timely Action: Wrongful death claims have statutes of limitations, so attorneys ensure clients file within the prescribed timeframe. They handle paperwork and deadlines efficiently, preventing potential legal obstacles.
- Expert Network: Attorneys collaborate with medical professionals, accident reconstruction specialists, and other experts to bolster the case. Their network enhances credibility and strengthens arguments in favor of their clients.
- Client Advocacy: Ultimately, wrongful death attorneys serve as unwavering advocates for their clients’ rights and interests.
Wrongful death attorneys provide comprehensive support, empowering families to seek justice and rebuild their lives after devastating losses.
Frequently Asked Questions About Wrongful Death Claims
A: The personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit. The deceased’s will may name the individual, or the court appoints them.
A: Damages in a wrongful death claim include economic and non-economic losses.
A: In New York, wrongful death settlements are distributed according to the state’s intestate succession laws, which determine the order of inheritance when a person dies without a will.
The specific distribution of funds depends on the family member’s relationship to the deceased and the extent of their financial dependence.
A: The statute of limitations for wrongful death claims in New York is generally two years from the date of the person’s death. However, some exceptions apply.
For example, if medical malpractice caused the wrongful death, the deadline may extend to two years and six months from the date of death.
A: A wrongful death claim seeks compensation for the losses suffered by the deceased person’s surviving family members, such as lost income, companionship, and emotional support.
In contrast, a survival action allows the deceased person’s estate to recover damages for the harm the deceased suffered before their death, such as medical expenses and pain and suffering.
These two claims are often combined in New York into a single lawsuit.
A: To prove negligence in a wrongful death case, you must demonstrate four key elements:
- Duty of care: The defendant owed a legal duty to the deceased to act with reasonable care.
- Breach of duty: The defendant breached this duty by acting or failing to act in a way that a reasonably prudent person would under similar circumstances.
- Causation: The defendant’s breach of duty directly caused the deceased’s death.
- Damages: The death resulted in quantifiable damages, such as medical expenses, funeral costs, and lost income.
Evidence such as police reports, medical records, witness statements, and expert testimony can establish these elements and build a strong case.
Consult an attorney as soon as possible to file your claim within the appropriate time frame.
Don’t Waste a Moment. Call Us Today
Don’t let time slip away. Act now to seek the justice and compensation your family is entitled to. The quicker you move forward, the greater your chances of achieving a just settlement and holding the responsible parties accountable.
You need a dedicated partner who understands your pain and will relentlessly advocate for your rights. We are that unwavering ally.
Contact the William Mattar Law Offices today at (585) 444-4444 to consult a caring and knowledgeable Rochester personal injury lawyer who will guide you through the process, collect evidence, and construct a compelling case on your behalf.
Your loved one’s legacy deserves to be honored. Take the first step now, and allow us to help you find solace and financial stability during this challenging chapter
William Mattar Law Offices – Rochester Office
16 W Main St #736
Rochester, NY 14614
Phone: (585) 444-4444
