A Law Firm Offering Compassionate Wrongful Death Representation
If you’ve lost someone you love to premature and preventable death, you know that there is no compensation that could make up for such a loss. Nonetheless, financial compensation is both appropriate and necessary.
At Chiacchia & Fleming, LLP, our wrongful death practice is focused on advocating for the surviving family members of victims who have died due to another’s negligent or intentional acts. We will work tirelessly to hold at-fault parties accountable and ensure financial stability for those the victims left behind.
What Is Wrongful Death?
While personal injury claim is a very straightforward and widely understood concept, many people are not as familiar with wrongful death. In New York, a wrongful death is a fatality stemming from negligence or a wrongful act. In other words, it is a death caused by the negligent actions or inaction of another person, business or organization.
An easy way to conceptualize wrongful death is as an extension of personal injury law. If someone is injured by the negligence of another but survives, they can sue the at-fault party for damages. If those same actions cause the victim’s death, representatives for the victim can pursue litigation against the at-fault parties.
Who Can Sue For Wrongful Death And What Damages Are Available?
In a personal injury suit, the injured victim is the plaintiff. Wrongful death is more complex, and each state decides for itself who has the standing to sue on behalf of a deceased victim. In New York, the only person with standing to sue is the executor (or personal representative) of the deceased victim’s estate.
A family member cannot sue unless the executor is also a family member. It is worth noting, however, that the plaintiff is often suing on behalf of the victim’s family, meaning they would be the beneficiaries of a settlement or jury award. In a wrongful death lawsuit, it is common to sue for damages that include:
- Medical bills and health care expenses leading up to the victim’s death
- Burial and funeral expenses
- The lifetime wages that the victim would have provided (if they were a family wage earner)
- The value of other support and services that the victim would have provided to the family
- Loss of companionship and parental nurturing
- Pain and suffering the victim would have experienced prior to death
Calculating these costs is not always easy, since some are noneconomic and others are based on an educated prediction of what would have happened if the victim had lived. Nonetheless, our attorneys have extensive experience calculating damages in wrongful death cases and advocating vigorously on behalf of the deceased and their family members.
Speak To Our Caring Attorneys In A Free Consultation
At Chiacchia & Fleming, we are honored to help families pick up the pieces after a devastating loss. It is our goal to ensure that the at-fault parties are held accountable and that the surviving family members have the resources they need to move forward. To discuss your legal options for free with one of our skilled and caring attorneys, call us in Hamburg, New York, at 716-412-6549. You can also fill out our online contact form.