Orchard Park Wrongful Death Lawyers

The loss of a family member due to someone else's conduct is a life-changing event. Whether the death followed a motor vehicle crash, a workplace accident, or another unfortunate event, the consequences for surviving relatives are often long-term. Pursuing a wrongful death claim may provide financial relief for certain losses, but the legal process can be difficult for families who are still grieving.

New York law allows designated individuals to file wrongful death lawsuits in civil court. These lawsuits are not meant to punish the defendant but to provide compensation for specific losses resulting from the death. The Orchard Park wrongful death lawyers at Dan Chiacchia Injury Attorneys work with clients seeking to move forward in this way after the sudden loss of a loved one.

What Is a Wrongful Death Claim in New York?

A wrongful death claim is a legal action that may be brought when a person dies due to another party’s negligent or reckless actions. It allows certain family members to pursue compensation for the financial and emotional effects of the death. In New York, the personal representative of the deceased person’s estate is responsible for filing the lawsuit. To succeed in a wrongful death case, you must show that the defendant’s actions would have supported a personal injury claim had the deceased survived. The evidence must also show that one or more surviving relatives suffered measurable losses due to the death.  

What Types of Incidents Can Lead to a Wrongful Death Claim?

Our Orchard Park wrongful death lawyers handle these claims caused by car and truck collisions, pedestrian injuries, medical errors, construction site incidents, and defective products. In some cases, criminal conduct such as assault or drunk driving may also lead to a civil lawsuit for wrongful death. It is important to note that civil claims are separate from any criminal proceedings and focus solely on financial liability. Our legal team assesses the circumstances surrounding the incident to determine whether a civil lawsuit may be appropriate.  

What Compensation May Be Recovered in a Wrongful Death Lawsuit?

Compensation in a wrongful death claim is intended to address the losses suffered by the deceased’s estate and surviving relatives. These may include the cost of funeral and burial services, medical bills related to the final injury or illness, lost earnings and benefits, and the loss of parental guidance or companionship. New York does not allow surviving family members to seek damages for their personal emotional distress. However, emotional losses may be reflected in the value assigned to the loss of support or nurturing provided by the deceased. Each case is reviewed on an individual basis, and compensation depends on the available evidence and applicable legal standards.

Is There a Time Limit for Filing a Wrongful Death Lawsuit in New York?

Yes. In most cases, the personal representative must file the wrongful death lawsuit within two years of the date of death. This legal deadline is referred to as the ‘statute of limitations.’ If the claim is not filed within this period, the court is likely to dismiss the case, and surviving family members may lose the ability to pursue compensation through the legal system.

There are limited exceptions that may apply under certain conditions. For example, if a criminal case related to the death is ongoing, the statute of limitations for filing the wrongful death claim may be extended. We recommend consulting with our Orchard Park wrongful death lawyers as soon as possible to encourage compliance with the applicable statute.

How Is a Wrongful Death Case Proven in Court?

To succeed in court, the plaintiff must establish that the defendant’s actions directly contributed to the death and that the surviving family members suffered losses as a result. This requires evidence such as medical records, accident reconstructions, witness testimony, financial documents, and employment records. Our legal team may also consult with professionals in relevant fields to interpret the evidence; one example is accident reconstruction experts. The court will consider the total impact of the death on the family, including financial hardship and the effect on dependents. The amount of compensation awarded depends on factors such as the age, health, and income of the deceased, as well as the nature of the relationships between the deceased and surviving relatives.

What Is the Role of an Orchard Park Wrongful Death Lawyer?

Our Orchard Park wrongful death lawyers work on behalf of families to manage the legal process and present well-documented claims. We carefully review case facts, file court documents, identify liable parties, and represent the estate in court proceedings or settlement negotiations. Another key responsibility is communicating with insurance companies and opposing counsel on the estate’s behalf. Because wrongful death cases often involve significant financial and legal issues, experienced legal representation can give you a better chance of pursuing fair compensation. While legal outcomes are never guaranteed, the assistance of a knowledgeable lawyer can provide clarity during an emotionally difficult time.

Can a Wrongful Death Case Be Settled Outside of Court?

Yes. Many wrongful death cases are resolved through settlement agreements between the parties without the need for trials. Settlement allows the family to receive compensation more quickly and may help avoid the stress of extended litigation. However, any settlement must be approved by the court, and the distribution of funds must follow the requirements established by New York law.

The decision to settle or proceed to trial depends on the strength of the evidence, the conduct of the defendant, and the goals of the surviving relatives. Our Orchard Park wrongful death lawyers advise families on the potential benefits and drawbacks of each option based on the specific facts of the case.

Orchard Park Wrongful Death Lawyers at Dan Chiacchia Injury Attorneys Treat Clients With Care and Compassion During Their Time of Need

The trusted Orchard Park wrongful death lawyers at Dan Chiacchia Injury Attorneys gather evidence, pursue accountability, and present clear cases on behalf of family members. For a free case review, call 716-648-3030 or complete the provided online form. Located in Hamburg, New York, we proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.