West Seneca Wrongful Death Lawyers

Losing a loved one due to another party’s actions can be devastating, with family members left facing emotional and financial burdens that can be difficult to manage. When a death is caused by negligence or misconduct, legal options may be available to pursue compensation: A wrongful death claim can provide financial relief for medical expenses, funeral costs, and loss of income, among other damages. 

Wrongful death claims can arise from car accidents, medical malpractice, workplace incidents, or other situations where a duty of care was breached. While no amount of compensation can replace a lost loved one, it can help ease the financial strain and hold responsible parties accountable. The West Seneca wrongful death lawyers at Dan Chiacchia Injury Attorneys assist families who are seeking legal recourse in these cases, answer their questions, and explain their potential options for pursuing compensation.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by surviving family members when an individual dies due to another party's negligence or intentional act. This type of claim allows eligible relatives to seek compensation for financial losses, pain and suffering, and other damages related to the death. Wrongful death lawsuits serve as a means to hold individuals, businesses, or other entities accountable for their actions.

Each state has specific laws governing wrongful death claims, including eligibility requirements and statutes of limitations. In New York, certain family members may have the right to file a claim.  

Who Can File a Wrongful Death Lawsuit in New York?

New York law specifies that the personal representative of the deceased’s estate must file a wrongful death claim. While close family members are often the primary beneficiaries, the legal process requires a designated representative to act on their behalf. Eligible beneficiaries may include spouses, children, parents, or other dependents who suffered financial losses due to the death.

The compensation awarded in a wrongful death case is typically distributed to the deceased’s heirs based on their financial dependency. Courts consider various factors, such as lost income, funeral costs, and medical expenses, when determining the appropriate compensation. Our West Seneca wrongful death lawyers help families understand their legal standing and the steps required to file a claim.

What Types of Compensation Are Available in a Wrongful Death Case?

Wrongful death claims aim to provide financial relief to surviving family members. Compensation may cover medical expenses incurred before death, funeral and burial costs, loss of financial support, and emotional distress. The amount awarded depends on the circumstances of the case, the extent of financial losses, and the degree of negligence involved.

In some cases, courts may also award punitive damages when the responsible party's actions were particularly reckless or intentional. These damages serve as a deterrent to prevent similar conduct in the future. 

How Long Do Families Have to File a Wrongful Death Lawsuit in New York?

New York law imposes a statute of limitations on wrongful death claims. In most cases, a lawsuit must be filed within two years from the date of death. Failing to meet this deadline can result in the loss of the right to seek compensation. Certain circumstances may affect the timeline, such as cases involving government entities or ongoing criminal investigations.

It is important for families to act promptly when considering legal action; delays can impact the ability to gather evidence, obtain witness statements, and build a strong case. Our West Seneca wrongful death lawyers can help you comply with legal deadlines and strengthen the chances of a successful claim, so we recommend contacting our legal team as soon as possible after the incident.

What Must I Prove for a Successful Wrongful Death Claim?

To succeed in a wrongful death claim, you must prove that another party’s negligence or misconduct directly caused the death. This involves establishing four key elements:

• Duty of Care: The responsible party had a legal obligation to act safely.
• Breach of Duty: They failed to uphold this duty through negligence or wrongdoing.
• Causation: Their actions directly led to the death.
• Damages: The death resulted in financial and emotional losses for surviving family members.

A successful claim usually focuses on compelling, skillfully presented evidence.

What Evidence Is Needed to Prove a Wrongful Death Claim?

Proving a wrongful death claim requires substantial evidence to show that another party's negligence or misconduct directly caused the death. Strong evidence can help establish liability and support the claim for compensation.

Key evidence may include:

• Medical records documenting injuries and treatment.
• Accident reports detailing the incident.
• Witness statements providing firsthand accounts.
• Expert testimony from medical or forensic professionals.
• Photographic and video evidence of the accident or aftermath.
• Financial records demonstrating the economic impact on surviving relatives.

Our West Seneca wrongful death lawyers gather and present this kind of evidence to build compelling cases. We may consult medical experts, accident reconstruction specialists, and financial analysts to illustrate the losses suffered by the family. A well-prepared claim improves the chances of obtaining fair compensation for the surviving relatives.

How Can a Lawyer Help with a Wrongful Death Claim?

A lawyer provides legal guidance and representation throughout the wrongful death claims process. After the consultation and service agreement, your West Seneca wrongful death lawyers will handle court filings, gather necessary evidence, and advocate for your rights in legal proceedings.

We understand how to assess damages accurately and fight for compensation that reflects the true impact of the loss. These cases often involve negotiations with insurance companies or opposing legal teams. Having experienced representation can help prevent families from accepting inadequate settlement offers. Should the other party be unwilling to offer a fair settlement, we can represent your interests in court.

Contact the Experienced West Seneca Wrongful Death Lawyers at Dan Chiacchia Injury Attorneys

If you have lost a loved one due to negligence, legal options may be available to pursue compensation. The West Seneca wrongful death lawyers at Dan Chiacchia Injury Attorneys help families in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county seek justice and financial relief. To schedule a free case review, call our Hamburg, New York office at 716-648-3030 or submit our online form.