Hamburg Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence is an unimaginable tragedy. It brings not only emotional devastation but also financial burdens and unanswered questions. If you are in Hamburg, New York, and have lost a family member in such circumstances, the legal team at Dan Chiacchia Injury Attorneys is here to help. Our experienced wrongful death lawyers are committed to providing compassionate support while aggressively pursuing justice and compensation for your family.

 

What Is Wrongful Death?

 

Wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. It may arise from various incidents, including car accidents, workplace injuries, medical malpractice, defective products, or criminal acts. New York law allows certain surviving family members to file a wrongful death claim to seek compensation for the loss they have suffered.

 

Who Can File a Wrongful Death Claim in New York?

 

In New York, only a personal representative of the deceased’s estate can file a wrongful death claim. The court typically appointed this representative, who may be a surviving spouse, parent, or adult child. The damages recovered through the lawsuit benefit the deceased’s dependents, such as spouses, children, or parents.

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What Damages Can Be Recovered in a Wrongful Death Lawsuit?

 

Wrongful death claims seek to compensate surviving family members for both economic and non-economic losses. These may include:

 

  • Funeral and burial expenses
  • Medical bills incurred before the victim’s death
  • Loss of financial support
  • Loss of parental guidance or spousal companionship
  • Pain and suffering endured by the deceased before passing

 

Each case is unique, and the compensation depends on factors such as the deceased’s age, earning potential, and the extent of the family’s emotional and financial loss.

 

What Must Be Proven in a Wrongful Death Case?

 

To succeed in a wrongful death lawsuit, the plaintiff must establish several key elements:

 

  • Negligence or Wrongdoing: Show that the defendant’s actions or inactions directly caused the death.
  • Causation: Prove that the death would not have occurred without the defendant’s conduct.
  • Damages: Demonstrate the financial and emotional harm suffered by the family due to the loss.

 

At Dan Chiacchia Injury Attorneys, our legal team carefully investigates the circumstances surrounding your loved one’s death to build a strong case.

 

What Are Common Causes of Wrongful Death?

 

Tragic incidents that lead to wrongful death are often preventable. In Hamburg and the surrounding areas, some of the most common causes include:

 

  • Motor Vehicle Accidents: Reckless driving, DUI, or distracted driving can have fatal consequences.
  • Workplace Accidents: Construction site accidents, falls, and equipment malfunctions are frequent culprits.
  • Medical Malpractice: Errors in diagnosis, treatment, or surgery can lead to avoidable fatalities.
  • Defective Products: Faulty machinery, unsafe consumer products, or dangerous drugs may cause death.

 

If you have lost a loved one in one of these situations, you may have grounds for a wrongful death lawsuit.

 

Why Hire Dan Chiacchia Injury Attorneys

 

Having an experienced legal team by your side is crucial when dealing with a wrongful death claim. At Dan Chiacchia Injury Attorneys, we offer:

 

  • Compassionate Advocacy: We understand the emotional toll of losing a loved one and provide the support you need.
  • Proven Experience: Our team has a strong track record of success in wrongful death cases in Hamburg and across Western New York.
  • Comprehensive Case Evaluation: We thoroughly investigate your case to ensure all avenues of compensation are pursued.
  • No Upfront Costs: We operate on a contingency fee basis, meaning you pay nothing unless we win your case.

 

How Long Do You Have to File a Wrongful Death Claim in New York?

 

New York has a statute of limitations for wrongful death claims, generally requiring them to be filed within two years of the deceased’s passing. Missing this deadline can result in losing your right to seek compensation. However, there are exceptions depending on the circumstances of the case. Consulting with an attorney as soon as possible ensures your claim is filed in a timely manner.

 

What Happens During a Wrongful Death Case in Hamburg?

 

A wrongful death lawsuit typically involves the following steps:

 

  • Consultation: Your attorney will meet with you to discuss the case and gather initial information.
  • Investigation: This includes obtaining evidence, interviewing witnesses, and consulting experts, such as accident reconstruction specialists or medical professionals.
  • Filing the Claim: The lawsuit is officially filed in the appropriate court.
  • Negotiation: Attorneys often negotiate with the defendant’s insurance company for a fair settlement.
  • Trial (if necessary): If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

 

How Can a Hamburg Wrongful Death Lawyer Help You?

 

Wrongful death cases can be legally complex and emotionally draining. A skilled attorney not only handles the legal process but also advocates for your best interests. At Dan Chiacchia Injury Attorneys, we:

 

  • Investigate the incident to determine liability.
  • Help calculate the full extent of your damages.
  • Negotiate with insurance companies.
  • Represent you in court, if necessary.

 

We aim to alleviate your burden and help you focus on healing while we handle the legal matters.

Contact the Hamburg Wrongful Death Lawyers at Dan Chiacchia Injury Attorneys Today to Learn More

 

If you have lost a loved one due to someone else’s negligent behavior, you deserve justice. Let the Hamburg wrongful death lawyers at Dan Chiacchia Injury Attorneys fight for you. Call 716-648-3030 or complete our online form for a free consultation. Located in Hamburg, New York, we serve clients in the surrounding areas.

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Testimonials

Tim Ferris

Dan and Lisa are true professionals.

Paul Kral

I had taken a bad fall down steps in the winter, then the following year got rear-ended and you talk about a double whammy. Lisa Poch was there for me in both cases and made sure I was getting the care I needed. This Firm is a very friendly group of professionals doing their best to help us that get injured and need money to pay for the care needed. I spent quite a bit out of my pocket so I could recover and when it came time to settle my case I felt confident I would get fair compensation, and I did. Lisa Poch is an awesome lawyer and I have really appreciated her being my advocate and fighting for what I deserved.

MaryAnn Skare

I am happy to have hired Dan after being rear-ended by a drunk driver. His professionalism and promptness in returning phone calls made the whole process stress-free. His expertise and dedication resulted in a successful resolution. I highly recommend Dan for any personal injury cases.