yellow police tape

When someone’s negligent conduct causes another person’s death, the victim’s personal representative may have the right to file a wrongful death claim. Although these lawsuits cannot erase the tragic loss of your loved one, they can bring a measure of closure.

However, you should expect resistance from the at-fault party and their lawyers and insurers. Hiring an experienced attorney is a key step in making a claim for the compensation your family deserves. The Syracuse wrongful death lawyers of Carden Dotzler Hammond, PLLC can help.

Why Hire CDH Law for Your Wrongful Death Matter?

Not every law firm is equipped to handle the unique challenges that come with wrongful death lawsuits. You need a firm that not only knows the law but appreciates the full extent of the personal and financial consequences of an untimely family member’s death.

A wrongful death can plunge your family into chaos in the blink of an eye. In addition to the pain and grief, you’ll suddenly have to face losing an income provider. But the bills and responsibilities won’t end with the death of your loved one.

That’s why we commit ourselves to providing compassionate, professional representation to families seeking justice in a wrongful death action. When you hire us, we pledge the following to your case:

  • Years of experience representing families in Syracuse wrongful death cases
  • Local, accessible counsel who understands the legal landscape, from the courtroom to the mediation conference room
  • Investing the time and resources to understand how the wrongful death happened and who may be held liable for it
  • Evidence-gathering from day one so we can begin to build a strong legal case early
  • A reliable network of expert witnesses, professionals who explain complex subjects to judges and juries
  • Experience on both sides of civil litigation, which helps broaden our understanding of the arguments and defenses relevant to your case
  • A results-oriented approach that understands your goals in litigation and develops a strategy to reach them
  • Personalized attention that treats you and your family with dignity, not as simply another docket number
  • Working to negotiate and settle your case if possible, but not afraid to go to trial if necessary
  • The ability to successfully handle any type of wrongful death matter, no matter how complicated the underlying facts or legal issues are
  • Bilingual services for Spanish-speaking clients

We’re ready to explain the legal process, advise you of your options, and guide you and your family during this difficult time. When you hire us, we handle each aspect of your case from beginning to end with the dedication you deserve.

Proving the Elements of a Syracuse Wrongful Death Claim

Under New York law, the personal representative of the deceased victim’s estate generally has the right to file a wrongful death lawsuit if the following are true:

  • The defendant acted negligently: This may include any negligent or intentional act or omission.
  • The victim died as a result: In other words, the negligence or intentional wrongdoing caused their death.
  • Certain survivors were left behind: Included are the deceased victim’s spouse, children, and other beneficiaries or dependents.
  • These survivors suffered financial harm: Although the personal representative is responsible for initiating legal action, it is done on behalf of the surviving family members who are entitled to recover monetary damages.

The plaintiff in a New York wrongful death case has the burden of proof. For this reason, you should consult a knowledgeable law firm who understands how to prove the above elements.

What Damages Are Available in a Syracuse Wrongful Death Claim?

Family members, through the personal representative’s wrongful death lawsuit, can claim a number of monetary damages intended to bring them financial and personal relief. Depending on the facts of your case, these might include:

  • The victim’s final medical and nursing bills relating to their fatal injuries
  • Burial and funeral expenses along with related costs
  • The victim’s conscious pain and suffering prior to their 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

Accidents That Commonly Give Rise to Wrongful Death Lawsuits

In many ways, wrongful death is an extension of personal injury law. The victim suffered harm because of another person’s negligence, but they died instead of recovering. For that reason, the accidents involved in wrongful death claims are similar to those of personal injury claims:

These are only a few examples. If your loved one passed away and you suspect wrongdoing of some kind was involved, let us take a look at your case. We can explain your rights and advise you on the next best steps to take.

Who Files a Wrongful Death Lawsuit?

Under New York law, only the decedent’s personal representative is able to file a wrongful death lawsuit. While the personal representative is often a family member, this is not necessarily the case. The representative is usually designated in the decedent’s last will and testament.

If the decedent died intestate, meaning they had no valid will before their passing, the court will need to appoint the personal representative. This individual will then have the right to file the wrongful death lawsuit.

Parties Who May Be Liable in a Syracuse Wrongful Death Lawsuit

One or more parties may be responsible for a person’s death, which means that a wrongful death lawsuit can name one or several defendants. Common examples of such parties include negligent drivers, careless medical professionals, and irresponsible product manufacturers.

Identifying who can be held liable in your wrongful death case is an important step, and it’s why you need a seasoned attorney. The more parties who are liable, the higher your potential settlement or verdict might be.

The Role of Comparative Fault in Wrongful Death

As with personal injury cases, not every wrongful death lawsuit is black and white in terms of fault. There are situations in which the decedent played some role in causing their own death. If this happens, then comparative fault may be relevant to your case.

Comparative fault reduces the damages according to the fault attributable to the deceased. For example, in a fatal car accident case, the evidence may show that the decedent made an illegal driving maneuver just before the wreck. The court assigns 20% fault to the deceased victim.

If the damages would have been $100,000, they are then lowered by 20% ($20,000). Comparative fault does provide an incentive for defendants to try to shift blame to the deceased victim. We work to challenge any such attempt.

Steps to File a Syracuse Wrongful Death Claim

If you are the personal representative of the deceased, or a family member, we want to assist with your wrongful death claim. But time is of the essence, so starting on these steps early will help your case:

  • Open the estate, if necessary: There must be a named personal representative of the estate before there can be a wrongful death lawsuit. If you haven’t already taken this step, talk to our probate and estate administration team.
  • Consult an attorney: We can begin important steps like investigating the death, acquiring evidence, finding witnesses, and identifying potential at-fault parties. Another key step is calculating the possible value of your damages.
  • Negotiate with the insurance company: Once we do the above, we can open negotiations with the insurance company representing the at-fault party. This often occurs by way of a demand letter. If the insurer does not offer reasonable compensation, we keep moving forward.
  • File your lawsuit: The personal representative will file the lawsuit in the appropriate court, and make sure to do so in a timely manner to avoid any statute of limitations issues. Even if negotiations with the insurers are going well, it may be necessary to file to protect your rights.
  • Settlement or trial: Many wrongful death lawsuits settle before trial, even if previous negotiations were unsuccessful. But if settlement discussions ultimately fail, we will proceed to trial.

Although many wrongful death cases do involve criminal actions like drunk driving, the two are not the same. A wrongful death lawsuit is civil in nature and independent from a criminal case. That means different procedures, burdens of proof, and outcomes are involved.

Still, the evidence that is uncovered during a criminal investigation may be used in a wrongful death action. A police accident report is an example of this. Evidence that is admitted in criminal court is not automatically admissible in civil court, so you need experienced legal counsel.

Evidence That May Be Used in Your Case

One of our jobs as attorneys is to acquire relevant, compelling, and admissible evidence to use in your wrongful death claim. There are various ways to do so, including through witness interviews, private investigations, and the discovery process.

The type of evidence that is used in your case will depend on the facts. It can include accident reports, videos and pictures, eyewitness statements, internal company documents, and more. It may also include expert witness reports like accident reconstructions.

The sooner you take legal action, the more likely it is that you can recover good evidence before it is lost or witnesses forget key details. So connect with us today.

Contact Our Syracuse Wrongful Death Attorneys

Nobody should lose a loved one due to someone else’s misconduct. But if this has happened to you, we encourage you to reach out to CDH Law. Schedule your initial consultation by giving us a call or completing our online contact form. We look forward to serving you and your family.

Frequently Asked Questions About New York Wrongful Death

What is the statute of limitations?

This is a deadline to file in court. New York only allows two years from the date of the death to file a wrongful death lawsuit. If you do not file on time, the court will dismiss your lawsuit no matter how strong your case is.

What is a survival action?

This is similar to wrongful death, except that it involves damages the deceased victim could have sought had they survived. An example is the income that the victim lost between the time of their injury and death. Wrongful death lawsuits and survival actions are often filed together.

Note that the statute of limitations for a New York survival action is generally three years.

How is the value of my wrongful death case determined?

The exact dollar value depends on numerous complex factors like the deceased victim’s age and health, the number of liable parties, how the death happened, and the extent of the surviving family members’ financial struggles.

Our goal is to fully and accurately calculate the value of all available damages as we develop your case. Then, we implement a strategy to seek them.

Can the surviving family members claim grief as part of their damages?

Unfortunately, New York law does not currently allow this. Proposed legislation called the Grieving Families Act would allow families to claim non-economic wrongful death damages like grief and emotional suffering. However, it is not currently law.

yellow police tape
Wrongful Death

When someone’s negligent conduct causes another person’s death, the victim’s personal representative may have the right to file a wrongful death claim. Although these lawsuits cannot erase the tragic loss of your loved one, they can bring a measure of closure.

However, you should expect resistance from the at-fault party and their lawyers and insurers. Hiring an experienced attorney is a key step in making a claim for the compensation your family deserves. The Syracuse wrongful death lawyers of Carden Dotzler Hammond, PLLC can help.

Why Hire CDH Law for Your Wrongful Death Matter?

Not every law firm is equipped to handle the unique challenges that come with wrongful death lawsuits. You need a firm that not only knows the law but appreciates the full extent of the personal and financial consequences of an untimely family member’s death.

A wrongful death can plunge your family into chaos in the blink of an eye. In addition to the pain and grief, you’ll suddenly have to face losing an income provider. But the bills and responsibilities won’t end with the death of your loved one.

That’s why we commit ourselves to providing compassionate, professional representation to families seeking justice in a wrongful death action. When you hire us, we pledge the following to your case:

  • Years of experience representing families in Syracuse wrongful death cases
  • Local, accessible counsel who understands the legal landscape, from the courtroom to the mediation conference room
  • Investing the time and resources to understand how the wrongful death happened and who may be held liable for it
  • Evidence-gathering from day one so we can begin to build a strong legal case early
  • A reliable network of expert witnesses, professionals who explain complex subjects to judges and juries
  • Experience on both sides of civil litigation, which helps broaden our understanding of the arguments and defenses relevant to your case
  • A results-oriented approach that understands your goals in litigation and develops a strategy to reach them
  • Personalized attention that treats you and your family with dignity, not as simply another docket number
  • Working to negotiate and settle your case if possible, but not afraid to go to trial if necessary
  • The ability to successfully handle any type of wrongful death matter, no matter how complicated the underlying facts or legal issues are
  • Bilingual services for Spanish-speaking clients

We’re ready to explain the legal process, advise you of your options, and guide you and your family during this difficult time. When you hire us, we handle each aspect of your case from beginning to end with the dedication you deserve.

Proving the Elements of a Syracuse Wrongful Death Claim

Under New York law, the personal representative of the deceased victim’s estate generally has the right to file a wrongful death lawsuit if the following are true:

  • The defendant acted negligently: This may include any negligent or intentional act or omission.
  • The victim died as a result: In other words, the negligence or intentional wrongdoing caused their death.
  • Certain survivors were left behind: Included are the deceased victim’s spouse, children, and other beneficiaries or dependents.
  • These survivors suffered financial harm: Although the personal representative is responsible for initiating legal action, it is done on behalf of the surviving family members who are entitled to recover monetary damages.

The plaintiff in a New York wrongful death case has the burden of proof. For this reason, you should consult a knowledgeable law firm who understands how to prove the above elements.

What Damages Are Available in a Syracuse Wrongful Death Claim?

Family members, through the personal representative’s wrongful death lawsuit, can claim a number of monetary damages intended to bring them financial and personal relief. Depending on the facts of your case, these might include:

  • The victim’s final medical and nursing bills relating to their fatal injuries
  • Burial and funeral expenses along with related costs
  • The victim’s conscious pain and suffering prior to their 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

Accidents That Commonly Give Rise to Wrongful Death Lawsuits

In many ways, wrongful death is an extension of personal injury law. The victim suffered harm because of another person’s negligence, but they died instead of recovering. For that reason, the accidents involved in wrongful death claims are similar to those of personal injury claims:

These are only a few examples. If your loved one passed away and you suspect wrongdoing of some kind was involved, let us take a look at your case. We can explain your rights and advise you on the next best steps to take.

Who Files a Wrongful Death Lawsuit?

Under New York law, only the decedent’s personal representative is able to file a wrongful death lawsuit. While the personal representative is often a family member, this is not necessarily the case. The representative is usually designated in the decedent’s last will and testament.

If the decedent died intestate, meaning they had no valid will before their passing, the court will need to appoint the personal representative. This individual will then have the right to file the wrongful death lawsuit.

Parties Who May Be Liable in a Syracuse Wrongful Death Lawsuit

One or more parties may be responsible for a person’s death, which means that a wrongful death lawsuit can name one or several defendants. Common examples of such parties include negligent drivers, careless medical professionals, and irresponsible product manufacturers.

Identifying who can be held liable in your wrongful death case is an important step, and it’s why you need a seasoned attorney. The more parties who are liable, the higher your potential settlement or verdict might be.

The Role of Comparative Fault in Wrongful Death

As with personal injury cases, not every wrongful death lawsuit is black and white in terms of fault. There are situations in which the decedent played some role in causing their own death. If this happens, then comparative fault may be relevant to your case.

Comparative fault reduces the damages according to the fault attributable to the deceased. For example, in a fatal car accident case, the evidence may show that the decedent made an illegal driving maneuver just before the wreck. The court assigns 20% fault to the deceased victim.

If the damages would have been $100,000, they are then lowered by 20% ($20,000). Comparative fault does provide an incentive for defendants to try to shift blame to the deceased victim. We work to challenge any such attempt.

Steps to File a Syracuse Wrongful Death Claim

If you are the personal representative of the deceased, or a family member, we want to assist with your wrongful death claim. But time is of the essence, so starting on these steps early will help your case:

  • Open the estate, if necessary: There must be a named personal representative of the estate before there can be a wrongful death lawsuit. If you haven’t already taken this step, talk to our probate and estate administration team.
  • Consult an attorney: We can begin important steps like investigating the death, acquiring evidence, finding witnesses, and identifying potential at-fault parties. Another key step is calculating the possible value of your damages.
  • Negotiate with the insurance company: Once we do the above, we can open negotiations with the insurance company representing the at-fault party. This often occurs by way of a demand letter. If the insurer does not offer reasonable compensation, we keep moving forward.
  • File your lawsuit: The personal representative will file the lawsuit in the appropriate court, and make sure to do so in a timely manner to avoid any statute of limitations issues. Even if negotiations with the insurers are going well, it may be necessary to file to protect your rights.
  • Settlement or trial: Many wrongful death lawsuits settle before trial, even if previous negotiations were unsuccessful. But if settlement discussions ultimately fail, we will proceed to trial.

Although many wrongful death cases do involve criminal actions like drunk driving, the two are not the same. A wrongful death lawsuit is civil in nature and independent from a criminal case. That means different procedures, burdens of proof, and outcomes are involved.

Still, the evidence that is uncovered during a criminal investigation may be used in a wrongful death action. A police accident report is an example of this. Evidence that is admitted in criminal court is not automatically admissible in civil court, so you need experienced legal counsel.

Evidence That May Be Used in Your Case

One of our jobs as attorneys is to acquire relevant, compelling, and admissible evidence to use in your wrongful death claim. There are various ways to do so, including through witness interviews, private investigations, and the discovery process.

The type of evidence that is used in your case will depend on the facts. It can include accident reports, videos and pictures, eyewitness statements, internal company documents, and more. It may also include expert witness reports like accident reconstructions.

The sooner you take legal action, the more likely it is that you can recover good evidence before it is lost or witnesses forget key details. So connect with us today.

Contact Our Syracuse Wrongful Death Attorneys

Nobody should lose a loved one due to someone else’s misconduct. But if this has happened to you, we encourage you to reach out to CDH Law. Schedule your initial consultation by giving us a call or completing our online contact form. We look forward to serving you and your family.

Frequently Asked Questions About New York Wrongful Death

What is the statute of limitations?

This is a deadline to file in court. New York only allows two years from the date of the death to file a wrongful death lawsuit. If you do not file on time, the court will dismiss your lawsuit no matter how strong your case is.

What is a survival action?

This is similar to wrongful death, except that it involves damages the deceased victim could have sought had they survived. An example is the income that the victim lost between the time of their injury and death. Wrongful death lawsuits and survival actions are often filed together.

Note that the statute of limitations for a New York survival action is generally three years.

How is the value of my wrongful death case determined?

The exact dollar value depends on numerous complex factors like the deceased victim’s age and health, the number of liable parties, how the death happened, and the extent of the surviving family members’ financial struggles.

Our goal is to fully and accurately calculate the value of all available damages as we develop your case. Then, we implement a strategy to seek them.

Can the surviving family members claim grief as part of their damages?

Unfortunately, New York law does not currently allow this. Proposed legislation called the Grieving Families Act would allow families to claim non-economic wrongful death damages like grief and emotional suffering. However, it is not currently law.