Syracuse Wrongful Death Attorney

Losing a loved one is very hard. It hurts a lot and can make you feel sad and worried. Money problems can make it even worse. But there is a way through it.

If an accident caused your loved one’s death, the team at William Mattar Law Offices in Syracuse can help. They know the law and care about how you feel. They will help you every step of the way and make things easier.

You won’t have to do it alone. The William Mattar Law Offices are lawyers in Syracuse, NY who work on wrongful death cases. They can help you get justice and money to honor your loved one.

The William Mattar Law Offices are Syracuse, NY, wrongful death attorneys who can help you get the justice and compensation your family deserves.

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Why You Can Trust William Mattar Law Offices’ Syracuse Wrongful Death Attorneys

Availability

Our team is available to speak with you whenever you need us.

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Experienced Attorneys

With over 30 years of experience in personal injury law, we know your rights and the process involved in fighting for the compensation you deserve.

Proven Track Record

We’ve helped thousands of clients obtain the best financial results for their claims. 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 Syracuse personal injury attorneys, intake department, investigators, and litigation pros work together to prepare a strong claim on your behalf, allowing you to focus on your recovery.

Thousands of Injury Victims Helped

Since 1990, we’ve been helping clients throughout New York State get the compensation they need to pay for their injuries. With our knowledge and resources, we are ready to fight for you.

What is a Wrongful Death?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. The surviving family members may seek compensation for their losses.

Compensation in a wrongful death claim may cover medical expenses, funeral costs, lost income, and loss of companionship.

While no amount of money can replace a loved one, a successful wrongful death lawsuit provides financial security and a sense of justice for the grieving family.

What Kind of Wrongful Deaths Are There?

Wrongful death can happen in many ways. Some common causes include:

  • Car, truck, or motorcycle crashes caused by reckless or drunk drivers
  • Doctors or nurses making mistakes
  • Unsafe conditions or lack of proper safety equipment
  • Poorly designed or manufactured products
  • Violent acts, such as assault or murder

In any of these situations, if someone dies because another person or company was careless, breaking the law, or acting with the intent to harm, it’s probably a wrongful death. The responsible party can be held accountable through a legal claim.

How Do You Prove a Wrongful Death?

You must establish several integral elements to prove a wrongful death claim.

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  1. The death was caused by the defendant’s negligence or intentional actions.
    • This involves demonstrating that the defendant owed a duty of care to the deceased person and breached that duty through their actions or inactions.
    • Evidence such as police reports, witness statements, and expert testimony can help prove negligence or intentional wrongdoing.
  2. The surviving family members have suffered financial losses because of the death.
    • This may include medical expenses, funeral costs, lost income, and loss of companionship.
    • Documenting these losses through bills, invoices, and financial records is crucial for establishing the extent of the damages suffered.
  3. The deceased person’s estate has a personal representative.
    • This individual, often a close family member, is responsible for managing the deceased’s legal affairs and pursuing the wrongful death claim on behalf of the estate and the surviving family members.
    • The court must officially appoint a personal representative to have the legal authority to proceed with the lawsuit.

Gathering evidence, calculating losses, and navigating the legal system can be challenging tasks during an already difficult time.

Working with an experienced wrongful death attorney who will properly address all issues will ensure that the strongest possible case is presented to secure the compensation the family deserves.

How Much Time Do I Have to File a Wrongful Death Claim in New York?

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  1. General Statute of Limitations: In New York, the statute of limitations for wrongful death cases is typically two years from the date of the person’s death rather than from the date of the incident that caused the death.
  2. Exceptions: There are exceptions to this general rule. For example, if the wrongful death resulted from medical malpractice, the deadline may be extended to two years and six months from the date of death. In cases involving criminal charges, the statute of limitations may be extended until one year after the criminal case concludes.
  3. Distinction from Personal Injury Claims: It’s important to note that the statute of limitations for wrongful death differs from that for personal injury claims, typically three years from the date of the incident.

This distinction is crucial if the person initially survived the accident but later died from their injuries.

Given the strict deadlines in wrongful death cases, it is wise to consult a knowledgeable attorney.

They help you understand your legal rights, ensure that your claim is filed on time, and assist in preserving evidence and building a solid case.

The Legal Process for a Wrongful Death Claim

Understanding the steps involved in a wrongful death claim helps you know what to expect and how to best prepare for your case:

  1. Consult with an Attorney: Discuss your case first with a wrongful death attorney. They will review the details of your loved one’s death and determine if you have a valid claim.
  2. Investigate and Gather Evidence: Your attorney will investigate. They will gather evidence such as police reports, medical records, witness statements, and expert opinions to support your claim.
  3. File the Lawsuit: Your attorney will file a wrongful death lawsuit on behalf of the deceased’s estate and the surviving family members once sufficient evidence has been gathered.
  4. Engage in Discovery: Both sides exchange information and evidence relevant to the case during the discovery phase. This may include depositions, where witnesses and parties involved in the case are questioned under oath.
  5. Negotiate a Settlement: Your attorney will work to secure a fair settlement that compensates you for your losses without needing a trial, as many wrongful death cases are resolved through settlement negotiations.
  6. Go to Trial: If the parties don’t settle, the case will proceed to trial. Your attorney will present evidence and arguments before a judge and jury, who will determine the case’s outcome.
  7. File an Appeal: If either party is unsatisfied with the trial’s outcome, they may appeal to have a higher court review the decision.
  8. Disburse Funds: If you win your case or settle, the deceased’s estate and the surviving family members receive the award funds.

While the legal process for a wrongful death claim is overwhelming, understanding each step helps you feel prepared and empowered.

Remember, you don’t have to navigate this process alone – our lawyers can guide you through every stage of your wrongful death claim.

Damages in a Wrongful Death Claim

A successful wrongful death claim can provide surviving family members with various types of damages to help compensate for their losses and alleviate the financial burden during an already difficult time.

Economic Damages

  1. Medical expenses: Costs incurred from the accident until death, such as hospital bills and medication.
  2. Funeral and burial expenses: Costs for the deceased’s funeral, burial, or cremation.
  3. Lost income and benefits: The deceased’s current and future earnings, plus benefits like health insurance or retirement contributions.

Non-Economic Damages

  1. Loss of companionship and guidance: Compensation for the emotional support, love, and guidance lost, especially relevant in cases involving the death of a parent or spouse.
  2. Pain and suffering: Damages for any pain and suffering the deceased experienced before death.
  3. Punitive Damages: With particularly heinous actions, the court may award punitive damages to punish the defendant and deter similar behavior.

The specific damages available vary based on the case and the surviving family member’s relationship with the deceased.

Frequently Asked Questions About Wrongful Death Claims

Q: Who can file a wrongful death lawsuit in New York?

A: In New York, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit. The deceased’s will often names the individual or the court appoints them. The personal representative brings the claim on behalf of the estate and the surviving family members, including the deceased’s spouse, children, or parents.

Q: What damages can a wrongful death claim recover?

A: Damages in a wrongful death claim can include economic and non-economic losses.

Economic damages may include medical expenses, funeral and burial costs, and the deceased’s lost income and benefits.

Non-economic damages include compensation for losing companionship, guidance, and emotional support.

Q: How are wrongful death settlements distributed among family members?

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 may vary depending on the family member’s relationship to the deceased and the extent of their financial dependence.

Q: How long do I have to file a wrongful death lawsuit in New York?

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.

Consult an attorney as soon as possible to file your claim within the appropriate time frame.

The Time is Now

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Time is of the essence. Don’t wait any longer to pursue the compensation your family deserves. The sooner you act, the better your chances are to secure a fair settlement and hold those responsible accountable.

You need an advocate who understands your grief and will fight tirelessly for your rights. We are that trusted advocate.

Call William Mattar Law Offices now at (315) 444-4444 to speak with a compassionate and experienced attorney who can guide you through the process, gather evidence, and build a strong case on your behalf.

Your loved one’s memory deserves justice – take action today and let us help you find closure and financial security during this difficult time.

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William Mattar Law Offices – Syracuse

One Park Place, 300 S State St #130
Syracuse, NY 13202

Phone: (315) 444-4444

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