Syracuse Wrongful Death Attorney
Comprehensive Legal Support for New York Wrongful Death Claims
Accidents that leave people injured happen every day in Central New York. Many times, they are caused by the negligence of another party. Sadly, sometimes these injuries are fatal. The wrongful death attorneys at Cherundolo Law Firm, PLLC help families hold negligent parties accountable.
No amount of money can bring lost loved ones back to their families. But our attorneys can help family members recover compensation as they adjust to the loss and rebuild their lives. This is especially important if the loved one had been a provider for the family.
-- Syracuse Attorneys Helping Families Recover Compensation --
Have you lost a loved one due to someone else's negligent behavior? Contact our wrongful death attorneys today to schedule a free consultation.
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Defining Wrongful Death in Syracuse Legal Terms
A wrongful death case is one in which one or more parties acted negligently or recklessly, causing a fatality. This negligent or reckless behavior may have occurred as a result of medical malpractice, using a defective product, a motor vehicle accident, a work accident or other type of accident.
Common Accidents Resulting in Wrongful Death in NY
Identifying the Payer in Syracuse Wrongful Death Claims
In a wrongful death claim, the defendant and their insurance providers will be the parties that “pay” for your damages. Typically, the payments come entirely from the insurance provider, though. Insurance policies are sold to prevent individuals from having to pay damages out of their pockets, after all.
When an insurance cap is reached and all damages have not been covered, though, there might be a reason to pursue compensation directly from the defendant. For example, if a drunk driver’s auto insurance policy maxes out but you are still not fully compensated for the loss of your loved one, then you might be able to demand they pay for damages from their own savings. Let us guide you through the entire process, so you can know if seeking damages directly from the defendant is even a viable or fruitful option.
Legal Process for Suing a Deceased Defendant's Estate in NY
Did you lose a loved one to an accident that also claimed the life of the person who caused it? As strange as it might sound, you can technically sue the dead defendant for compensation. Except, you aren’t naming them as a defendant. Rather, you will name their estate as the defendant, and any damages you can collect will be removed from the value of their estate or estate-related insurance policies.
Types of Compensation Available in Syracuse Wrongful Death Cases
Our attorneys offer compassionate representation and will determine the true damages suffered by your family. Depending on the details of the accident, these may include damages for:
- Funeral expenses
- Medical expenses for the treatment of your loved one
- Loss of income
- Loss of financial support
- Loss of parental care and guidance
- Loss of inheritance for surviving children
- Pain and suffering experienced by your loved one before death
Evidence and Proof in Syracuse Wrongful Death Litigation
You can think of a wrongful death claim as a personal injury claim, except the person who was injured cannot file the claim themselves. In this way, the same sort of evidence you could use to prove liability in a personal injury claim can be used in a wrongful death claim. Is wrongful death hard to prove? Not any more than it is to prove liability in a personal injury case.
Oftentimes, the effectiveness of a wrongful death claim brought against a defendant depends on the available evidence. Everything from police reports and eyewitness testimonies to medical records can be useful when determining the cause of wrongful death. Our attorneys can look everywhere possible for evidence that builds your case.
Time Limits for Filing Wrongful Death Claims in Syracuse
New York uses a strict two-year statute of limitations for wrongful death cases. The two-year statute begins on the date of the decedent’s passing, not necessarily on the day they were injured or diagnosed with a fatal condition. If two years pass since that date and no claim is filed against the liable party, then there is virtually no chance to demand compensation later. Don’t let this statute of limitations expire without exploring your legal options with our attorneys’ assistance.
Cherundolo Law Firm: Your Advocates in Syracuse Wrongful Death Cases
Wrongful death cases can be very complex. Negligent parties typically deny responsibility for what happened. Insurance companies will do what they can to keep any payment as low as possible. But our firm was built on helping clients win complex cases. We have the knowledge, experience and resources needed to get results.
Our legal team investigates your loved one's accident to find out what really happened. Our personal injury attorneys know where to find evidence of negligence. We build the strongest case possible and will fight for your loved one in court, if needed. Many times, we are able to negotiate a settlement with the insurance company that meets your needs.
-- A Record of Getting Results --
Seek Justice for Your Loved One: Contact Cherundolo Law Firm for a Free Consultation
Commonly Asked Questions
What constitutes a wrongful death claim in Syracuse?
In Syracuse, a wrongful death claim arises when an individual dies due to the negligent or reckless actions of another party. This could be the result of various incidents, such as medical malpractice, defective products, vehicle accidents, or workplace accidents. The claim is filed to seek compensation for the survivors' loss, including financial support and emotional suffering.
Can I still recover damages if the responsible party for a wrongful death is deceased?
Yes, in Syracuse, if the party responsible for the wrongful death is also deceased, you can file a claim against their estate. Any compensation awarded would be taken from the estate's assets or through estate-related insurance policies. It's important to navigate this process with legal guidance to ensure proper procedures are followed.
Why should I choose Cherundolo Law Firm for my Syracuse wrongful death claim?
Choosing Cherundolo Law Firm for your Syracuse wrongful death claim means you'll be represented by a team with a strong track record in complex cases. We are committed to thorough investigations and building a solid case to fight for your loved one's justice, often achieving favorable settlements or proceeding to court when necessary.
