Rochester Wrongful Death Lawyer

Let Our Firm Help You Through This Difficult Time

Losing a loved one is an unimaginable pain, and when that loss is due to the negligence or wrongful actions of another party, the grief can be compounded by anger, frustration, and a sense of injustice. In these difficult times, having a compassionate and experienced legal advocate by your side can make all the difference. Horn Wright, LLP, is here to provide the legal support you need when facing the tragedy of wrongful death in Rochester, NY.

Call (585) 245-0255 or fill out our online contact form today to schedule a free consultation.

Understanding Wrongful Death in New York

Wrongful death is a legal term used to describe a situation where an individual's death is the result of someone else's negligence, recklessness, or intentional actions. In New York, the laws surrounding wrongful death claims are outlined in the New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1. Under this statute, certain family members are entitled to seek compensation for their losses when a loved one's death is caused by the wrongful conduct of another party.

To succeed in a wrongful death claim in New York, the plaintiff (the person bringing the lawsuit) must establish the following elements:

• The death of a person.
• The death was caused by the negligence or wrongful conduct of another party.
• The surviving family members suffered financial losses as a result of the death.

In New York, a wrongful death lawsuit can typically be filed by a personal representative of the deceased person's estate. The personal representative is often referred to as the "executor" or "administrator" of the estate, and they are appointed by the court to manage the deceased person's affairs and represent their interests, including pursuing a wrongful death claim.

In addition to wrongful death claims, New York also allows for what are known as "survival actions." Survival actions are brought on behalf of the deceased person's estate to recover damages that the deceased person would have been entitled to had they survived. These damages often include pain and suffering endured before death and medical expenses.

The statute of limitations for wrongful death claims in the state typically allows for a filing window of two years from the date of the individual's death. Failing to file within this timeframe can result in the loss of your right to seek compensation.

The Legal Process for Wrongful Death Claims

Bringing a wrongful death claim in New York can be complex, involving multiple legal procedures and deadlines.

Our wrongful death attorneys in Rochester, NY, are well-versed in the process and can guide you through the following steps:

• Consultation: We start by meeting with you to understand the circumstances of your loved one's death and assess the potential for a wrongful death claim.
• Investigation: We conduct a thorough investigation to gather evidence, interview witnesses, and consult with experts to build a strong case.
• Filing a Lawsuit: If necessary, we file a wrongful death lawsuit against the responsible party or parties.
• Negotiation: We engage in negotiations with the opposing party to reach a fair settlement. Our goal is to secure the compensation you deserve without the need for a trial.
• Trial: If a fair settlement cannot be reached, we are prepared to take your case to trial and advocate for your rights in court.

Compensation in Rochester, NY Wrongful Death Cases

In New York, the compensation awarded in wrongful death cases can include:

• Funeral and burial expenses
• Medical expenses related to the final illness or injury
• Loss of financial support
• Loss of parental guidance and care (if applicable)
• Pain and suffering endured by the deceased before death
• Conscious pain and suffering (if applicable)
• Loss of consortium (companionship)
• Punitive damages (in cases of extreme negligence or intentional harm)

It's important to note that the specific damages you may be entitled to can vary depending on the circumstances of your case. Our experienced Rochester wrongful death lawyers will work diligently to ensure that you receive the maximum compensation available under the law.

Why Choose Horn Wright, LLP?

Our experienced team of wrongful death lawyers at Horn Wright, LLP, is dedicated to providing comprehensive legal representation to families who have lost a loved one due to the negligence or intentional harm of others. We understand that no amount of money can truly compensate for the loss of a loved one, but pursuing a wrongful death claim can help bring a sense of justice and financial stability to those left behind.

Here are some reasons to choose us as your Rochester wrongful death lawyer:

• Experience: Our firm has a long history of successfully representing clients in wrongful death cases throughout New York, including Rochester. Our attorneys have a deep understanding of the complex legal issues involved in these cases and are well-versed in New York's wrongful death laws.
• Compassion: We understand the emotional toll that wrongful death cases can take on families. Our attorneys approach each case with empathy and sensitivity, providing not only legal guidance but also emotional support during this challenging time.
• Resources: We have the resources and connections to conduct thorough investigations, consult with experts, and build strong cases on behalf of our clients. We leave no stone unturned in pursuing justice for your loved one.
• Proven Track Record: Horn Wright, LLP, has a proven track record of securing significant settlements and verdicts in wrongful death cases. Our results speak for themselves, and we are committed to achieving the best possible outcome for our clients.

Remember, you don't have to face this difficult journey alone. Let us be your trusted advocates in seeking justice for your loved one.

Don't hesitate to contact us today at (585) 245-0255 for a free consultation.