Rochester Wrongful Death Lawyer

Let Our Firm Help You Through This Difficult Time

If you lost a loved one due to the negligent or wrongful acts of someone else, you may have grounds to pursue justice and compensation.

In New York, surviving family members of victims killed by negligence have the right to hold wrongdoers accountable in what’s known as a wrongful death claim. A means to secure justice, wrongful death actions also give families an opportunity to hold defendants financially liable for their losses, which can include their emotional and financial damages. 

At Horn Wright, LLP, we’ve fought for decades on behalf of victims and families who’ve suffered tremendous losses in preventable accidents. Whether your loved one was hurt in a motor vehicle accident, by a negligent property owner, or by a defective product, we have the experience and resources to help.

Our Rochester wrongful death attorneys fight for families across Monroe County and Upstate New York. Call (855) 465-4622 or contact us online 24/7 for a FREE consultation.

What Is Wrongful Death?

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 because 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.

How To Prove Wrongful Death In NY

In New York, a wrongful death claim requires proving certain legal elements to establish that another party’s actions caused your loved one’s death. These elements include:

1. Duty of Care The first step in proving wrongful death is demonstrating that the defendant owed the deceased a legal duty of care. This means the defendant had a responsibility to act in a way that would avoid causing harm to others. For example, drivers have a duty to obey traffic laws, and doctors have a duty to provide competent medical care.
2. Breach of Duty Once a duty of care is established, the next element is proving that the defendant breached that duty by acting negligently, recklessly, or intentionally. A breach occurs when the defendant’s actions (or failure to act) fell below the expected standard of care. For example, a driver who runs a red light or a doctor who fails to diagnose a life-threatening condition could be found to have breached their duty.
3. Causation In a wrongful death claim, it must be shown that the defendant’s breach of duty directly caused the death of your loved one. This means proving a clear link between the defendant’s actions and the fatal outcome. For instance, if a distracted driver caused a fatal crash, their negligence must be demonstrated as the direct cause of the death.
4. Damages Finally, to succeed in a wrongful death claim, you must prove that the death resulted in measurable damages to the surviving family members. These damages can include funeral expenses, lost income, loss of companionship, and emotional suffering.

Proving wrongful death often requires gathering extensive evidence, including medical records, accident reports, witness statements, and expert testimony. At Horn Wright, LLP, we have the experience and resources needed to build a strong case on your behalf.

Types of Wrongful Death Claims

Wrongful death claims arise when someone’s negligent, reckless, or intentional actions cause the death of another person. These claims allow surviving family members to pursue compensation for the losses they’ve suffered because of their loved one’s death. Below are some common types of wrongful death claims:

1. Motor Vehicle Accidents. Motor vehicle accidents are one of the leading causes of wrongful death claims. Whether the accident involves cars, trucks, motorcycles, or pedestrians, negligence such as speeding, distracted driving, or driving under the influence can result in fatal crashes. If another driver’s careless actions caused the death of your loved one, you may have grounds to pursue a wrongful death claim.
2. Medical Malpractice. Medical professionals are held to high standards of care, and when they fail to meet these standards, the consequences can be fatal. Wrongful death claims based on medical malpractice can arise from surgical errors, misdiagnosis, medication errors, or hospital negligence. If a healthcare provider’s negligence led to your loved one’s death, you may be able to seek compensation.
3. Defective Products. When manufacturers release dangerous or defective products, they can be held accountable for any resulting injuries or fatalities. Wrongful death claims can arise from defective auto parts, medical devices, household products, or industrial equipment. If a faulty product caused your loved one’s death, you may be entitled to compensation from the manufacturer or distributor.
4. Premises Liability. Property owners have a duty to maintain safe premises for visitors. Fatal accidents caused by unsafe conditions, such as slip and falls, drowning, or lack of security, can result in premises liability wrongful death claims. If a property owner’s negligence led to the death of your family member, you can hold them accountable.

What Is the Wrongful Death Statute of Limitations in NY?

The statute of limitations is the legal deadline for filing a wrongful death lawsuit. In New York, the statute of limitations for wrongful death claims is generally two years from the date of death. This means you must file your claim within this two-year period, or you may lose your right to pursue compensation.

There are some exceptions to this rule, such as cases involving medical malpractice where the statute of limitations may be extended if negligence wasn’t immediately discovered. Additionally, if the death was caused by a government entity, different rules and shorter filing deadlines may apply.

It’s critical to consult with an attorney as soon as possible after your loved one’s death to ensure that your claim is filed on time and to begin gathering the necessary evidence to support your case.

The Legal Process for Wrongful Death Claims in New York

Bringing a wrongful death claim in New York can be complex, involving multiple legal procedures and deadlines. Our Rochester wrongful death attorneys 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 provides comprehensive legal representation to families who have lost a loved one due to negligence or intentional harm. 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 (855) 465-4622 for a free consultation.