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When negligent or intentional acts claim someone’s life, the victim’s surviving family members may have the right to pursue a wrongful death action. While nothing can bring back your loved one, a wrongful death lawsuit can seek compensation for the financial and personal losses that you and other survivors endure.

However, seeking wrongful death damages can be challenging and you should expect resistance from the at-fault party’s attorneys. You need committed legal counsel working for you and your family. Count on the Syracuse firm of Carden Dotzler Hammond, PLLC.

Trusted Advocates During a Difficult Time

Our firm understands the hardship that families experience when they lose a loved one. Apart from the emotional and personal toll of the death, there are financial consequences as well. Funeral and burial expenses and the loss of income can quickly compound the family’s grief.

If the death resulted from negligence, then the family may have a wrongful death claim. However, we know that dealing with the legal system can be overwhelming. That’s why when clients hire our Syracuse legal team for their wrongful death matters, we get to work by:


  • Explaining New York wrongful death statutes
  • Discussing your legal rights and options
  • Investigating the circumstances surrounding your loved one’s death
  • Acquiring evidence through the discovery process to show who may have been responsible for the death, and how
  • Determining which damages may be available and what they may be worth
  • Negotiating and seeking compensation from the at-fault parties’ insurance companies
  • Litigating your case in court if the insurers refuse to fairly settle

Wrongful death claims are complicated, and the judges will expect you and your family to understand the relevant laws and procedures. Our results speak to our ability to serve clients with the professionalism and compassion that they deserve.

The Elements of a Syracuse Wrongful Death Case

New York wrongful death law is an extension of personal injury law. When someone negligently or intentionally causes another person’s death, this may allow survivors to file a wrongful death lawsuit. The basic elements of a wrongful death case are:

  • Someone engaged in negligent, reckless, or intentional acts or omissions
  • These acts or omissions caused the victim’s death
  • There are eligible survivors who have suffered financial loss due to the victim’s death

In New York, there is a similar lawsuit known as a survival action. It is closely related to wrongful death, except that it involves damages the victim could have pursued had they survived. Due to their similarity, wrongful death lawsuits and survival actions are often filed together.

Possible Damages in a Wrongful Death Lawsuit

Syracuse family members may be able to seek a number of different types of damages in a wrongful death claim. Depending on the facts of your case, these may include:

  • The victim’s final medical and nursing bills relating to their injuries
  • Burial and funeral expenses plus related costs
  • The victim’s conscious pain and suffering prior to death
  • Loss of income and related benefits the victim would have earned
  • Household services that the decedent provided
  • Parental care, support, and guidance
  • Loss of inheritance due to the victim’s death

Having an attorney is critical to determining not only the available damages, but their possible value. Our law firm routinely hires expert witnesses who can help substantiate the dollar amount of our clients’ wrongful death damages.

Who Can File a Syracuse Wrongful Death Lawsuit?

New York law only allows the personal representative of the victim’s estate to file a wrongful death action. This is often an individual that the victim designated before their death in their last will and testament.

However, if the victim had no will, then the court will have to appoint a personal representative. It is this individual who will then file the wrongful death lawsuit. We will guide you and your family through the legal process so you can better understand the steps involved.

Accidents That Give Rise to Wrongful Death Cases

Wrongful death can involve any sort of negligent, reckless, or intentional act or omission. Common examples include:

These are just a few examples of the accidents that can lead to a wrongful death claim. If you lost a loved one due to someone else’s unsafe behavior, let us review the circumstances surrounding it. Then, we can advise you on the best steps forward.

Possible Evidence in Your Wrongful Death Lawsuit

One of the most important roles of a Syracuse wrongful death attorney is to accumulate the evidence you will need to prove your case. We work with victims’ families to gather such evidence as:

  • Accident reports, including police reports
  • Pictures and videos related to the fatal accident
  • Eyewitness statements
  • Expert witness analysis
  • The victim’s final medical bills
  • Income statements and other financial documentation
  • Expenses records related to the victim’s burial and funeral

Our firm understands that viewing this evidence can be traumatic, which is why we handle the investigation and evidence-gathering steps needed to make the strongest case possible. We are experienced litigators who are ready to put our legal skills to work for you and your family.

Contact Our Syracuse Wrongful Death Attorneys

Nobody should lose a family member because of someone else’s irresponsible conduct. That’s why CDH Law has worked hard over the years to serve families in Syracuse wrongful death matters. We are here to walk with you during this challenging experience.

If you have questions about New York wrongful death lawsuits, we encourage you to reach out to our office. You can get started by giving us a call or completing our online contact form. Schedule your initial consultation today.

Frequently Asked Questions About New York Wrongful Death

Is wrongful death the same as a criminal case?

No, wrongful death is a civil matter. Although many wrongful death cases do involve criminal actions (e.g. a fatal drunk driving accident), they are separate from criminal charges that defendants face. There are different burdens of proof, procedures, and often outcomes.

How is the value of a wrongful death claim calculated?

The exact dollar value of a case will depend on numerous factors, including the deceased victim’s age and health at the time of death, who was responsible for the death, how it occurred, and the financial issues that survivors must deal with. Every case is different.

Our role as your attorney is to carefully evaluate all relevant factors and determine a fair and reasonable dollar value to seek from the at-fault parties. Then, we get to work to either settle the claim out of court if possible or take it to trial if necessary.

What is the deadline to file a wrongful death action in New York?

New York law allows the personal representative to file a wrongful death lawsuit within two years of the victim’s death. Note that the deadline (known as the statute of limitations) for the related survival action is three years.

It is important that you do not miss any deadlines. Failure to file on time will result in your case being dismissed and no monetary recovery. You should take action long before the statute of limitations expires so you can make your strongest possible case.

Can a family claim damages for their grief?

Unfortunately, current New York law does not allow recovery for survivors’ emotional pain, grief, or loss of companionship. Proposed legislation known as the Grieving Families Act may change this in the future, but for now these damages are not available.

yellow police tape
Wrongful Death

When negligent or intentional acts claim someone’s life, the victim’s surviving family members may have the right to pursue a wrongful death action. While nothing can bring back your loved one, a wrongful death lawsuit can seek compensation for the financial and personal losses that you and other survivors endure.

However, seeking wrongful death damages can be challenging and you should expect resistance from the at-fault party’s attorneys. You need committed legal counsel working for you and your family. Count on the Syracuse firm of Carden Dotzler Hammond, PLLC.

Trusted Advocates During a Difficult Time

Our firm understands the hardship that families experience when they lose a loved one. Apart from the emotional and personal toll of the death, there are financial consequences as well. Funeral and burial expenses and the loss of income can quickly compound the family’s grief.

If the death resulted from negligence, then the family may have a wrongful death claim. However, we know that dealing with the legal system can be overwhelming. That’s why when clients hire our Syracuse legal team for their wrongful death matters, we get to work by:


  • Explaining New York wrongful death statutes
  • Discussing your legal rights and options
  • Investigating the circumstances surrounding your loved one’s death
  • Acquiring evidence through the discovery process to show who may have been responsible for the death, and how
  • Determining which damages may be available and what they may be worth
  • Negotiating and seeking compensation from the at-fault parties’ insurance companies
  • Litigating your case in court if the insurers refuse to fairly settle

Wrongful death claims are complicated, and the judges will expect you and your family to understand the relevant laws and procedures. Our results speak to our ability to serve clients with the professionalism and compassion that they deserve.

The Elements of a Syracuse Wrongful Death Case

New York wrongful death law is an extension of personal injury law. When someone negligently or intentionally causes another person’s death, this may allow survivors to file a wrongful death lawsuit. The basic elements of a wrongful death case are:

  • Someone engaged in negligent, reckless, or intentional acts or omissions
  • These acts or omissions caused the victim’s death
  • There are eligible survivors who have suffered financial loss due to the victim’s death

In New York, there is a similar lawsuit known as a survival action. It is closely related to wrongful death, except that it involves damages the victim could have pursued had they survived. Due to their similarity, wrongful death lawsuits and survival actions are often filed together.

Possible Damages in a Wrongful Death Lawsuit

Syracuse family members may be able to seek a number of different types of damages in a wrongful death claim. Depending on the facts of your case, these may include:

  • The victim’s final medical and nursing bills relating to their injuries
  • Burial and funeral expenses plus related costs
  • The victim’s conscious pain and suffering prior to death
  • Loss of income and related benefits the victim would have earned
  • Household services that the decedent provided
  • Parental care, support, and guidance
  • Loss of inheritance due to the victim’s death

Having an attorney is critical to determining not only the available damages, but their possible value. Our law firm routinely hires expert witnesses who can help substantiate the dollar amount of our clients’ wrongful death damages.

Who Can File a Syracuse Wrongful Death Lawsuit?

New York law only allows the personal representative of the victim’s estate to file a wrongful death action. This is often an individual that the victim designated before their death in their last will and testament.

However, if the victim had no will, then the court will have to appoint a personal representative. It is this individual who will then file the wrongful death lawsuit. We will guide you and your family through the legal process so you can better understand the steps involved.

Accidents That Give Rise to Wrongful Death Cases

Wrongful death can involve any sort of negligent, reckless, or intentional act or omission. Common examples include:

These are just a few examples of the accidents that can lead to a wrongful death claim. If you lost a loved one due to someone else’s unsafe behavior, let us review the circumstances surrounding it. Then, we can advise you on the best steps forward.

Possible Evidence in Your Wrongful Death Lawsuit

One of the most important roles of a Syracuse wrongful death attorney is to accumulate the evidence you will need to prove your case. We work with victims’ families to gather such evidence as:

  • Accident reports, including police reports
  • Pictures and videos related to the fatal accident
  • Eyewitness statements
  • Expert witness analysis
  • The victim’s final medical bills
  • Income statements and other financial documentation
  • Expenses records related to the victim’s burial and funeral

Our firm understands that viewing this evidence can be traumatic, which is why we handle the investigation and evidence-gathering steps needed to make the strongest case possible. We are experienced litigators who are ready to put our legal skills to work for you and your family.

Contact Our Syracuse Wrongful Death Attorneys

Nobody should lose a family member because of someone else’s irresponsible conduct. That’s why CDH Law has worked hard over the years to serve families in Syracuse wrongful death matters. We are here to walk with you during this challenging experience.

If you have questions about New York wrongful death lawsuits, we encourage you to reach out to our office. You can get started by giving us a call or completing our online contact form. Schedule your initial consultation today.

Frequently Asked Questions About New York Wrongful Death

Is wrongful death the same as a criminal case?

No, wrongful death is a civil matter. Although many wrongful death cases do involve criminal actions (e.g. a fatal drunk driving accident), they are separate from criminal charges that defendants face. There are different burdens of proof, procedures, and often outcomes.

How is the value of a wrongful death claim calculated?

The exact dollar value of a case will depend on numerous factors, including the deceased victim’s age and health at the time of death, who was responsible for the death, how it occurred, and the financial issues that survivors must deal with. Every case is different.

Our role as your attorney is to carefully evaluate all relevant factors and determine a fair and reasonable dollar value to seek from the at-fault parties. Then, we get to work to either settle the claim out of court if possible or take it to trial if necessary.

What is the deadline to file a wrongful death action in New York?

New York law allows the personal representative to file a wrongful death lawsuit within two years of the victim’s death. Note that the deadline (known as the statute of limitations) for the related survival action is three years.

It is important that you do not miss any deadlines. Failure to file on time will result in your case being dismissed and no monetary recovery. You should take action long before the statute of limitations expires so you can make your strongest possible case.

Can a family claim damages for their grief?

Unfortunately, current New York law does not allow recovery for survivors’ emotional pain, grief, or loss of companionship. Proposed legislation known as the Grieving Families Act may change this in the future, but for now these damages are not available.