Wrongful Death Damages

Struggling with grief after the preventable death of a loved one can feel unbearable. When it was an unexpected death that could have been avoided, your feelings are likely quite complex. In addition to difficult feelings of sadness and anger, you may face problems that require practical consideration, such as how you’ll pay the mortgage or put food on the table after the death of your loved one. Most people do not have enough saved for this contingency. You may be able to pursue a wrongful death lawsuit against a person or entity that caused your loved one’s death. If you are concerned about obtaining wrongful death damages award to compensate, in part, for what you’ve lost, you should call lawyers that stand among the best. At DeFrancisco & Falgiatano, our seasoned Syracuse wrongful death lawyers have more than three decades of experience representing clients. We belong to the prestigious Million Dollar Advocates Forum, the membership of which is restricted to those who have won $1 million verdicts and settlements. Fewer than 1% of lawyers across the country belong to the organization.

In New York, a wrongful death is one that is the result of neglect, a wrongful act, or default. In wrongful death lawsuits, the decedent must have been able to pursue damages for personal injuries had he survived the accident. Many different circumstances can result in a wrongful death, including car accidents, motorcycle accidents, truck accidents, medical malpractice, and dangerous property conditions. You may be able to sue an at-fault party for damages. For instance, if your spouse was killed by a drunk truck driver, it may be appropriate to file a wrongful death lawsuit. Similarly, if your mother was killed by a doctor who failed to diagnose breast cancer, our Syracuse lawyers may be able to file a medical malpractice and wrongful death lawsuit.

To recover damages on your behalf, the personal representative of the decedent’s estate must file a wrongful death lawsuit. You cannot bring the wrongful death lawsuit unless you are the personal representative of the decedent’s estate. Generally, the suit must be brought within two years of the death. However, when the death is the result of medical malpractice you have 2 ½ years from the date of the decedent’s death to file suit.

If our lawyers can establish liability, we will be able to recover damages. These are awarded to a decedent’s survivors or estate in order to compensate for pecuniary losses. Pecuniary losses may include:

• Funeral and burial expenses
• Financial support lost due to the decedent’s death
• Reasonable medical expenses related to the final injury that resulted in death
• Lost inheritance
• Value of parental nurturing and care
• Value of support and services
• The decedent’s conscious pain and suffering endured because of the final injury or illness
• Interest on a damages award.

Under some circumstances, it will be necessary to retain an expert to establish an item of loss. For instance, we may need to retain a credible economic expert on the question of what your loved one would have earned had he or she been able to continue working and supporting your family.

You should be aware that New York law does not permit survivors to recover damages for the pain and suffering or mental anguish arising out of the wrongful death. It is important to seek representation from a skillful trial attorney who understands what types of losses can be addressed in a damages award in a wrongful death lawsuit and how to gather evidence about these losses.

Many people are unprepared for the sudden loss of their family members. If you are concerned about wrongful death damages in Upstate New York, you should call the seasoned Syracuse wrongful death attorneys of DeFrancisco & Falgiatano. We aim at giving families the best possible outcome in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000 for a free consultation.