It is never easy for a family to lose a loved one. The pain is often substantial and impacts many areas of day-to-day life. The feelings of loss can be amplified when the cause of death is an accident that could have been prevented if not for someone else’s negligence.
While no amount of money can adequately compensate for such a tragedy, a Williamsville wrongful death lawyer can help bring comfort and financial stability to a grieving family. Our team can work to investigate the cause of death and take the lead in holding at-fault parties responsible. Call Richmond Vona, LLC today to speak with a caring personal injury attorney to learn more about your legal options.
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When is a Death a Cause for a Wrongful Death Claim?
While every death will place a family in a difficult position, not every death can serve as the basis for a lawsuit. According to Laws of New York § 5-4.1, the death must result from another party’s abuse, neglect, or default.
In other words, a claim is possible when the event would have allowed the decedent to file a personal injury lawsuit if they had survived. Common incidents often include:
Regardless of what type of incident occurred, individuals filing a negligent death claim need to show that the defendant in the matter was legally to blame. This is typically done by establishing that the decedent was owed a duty of care, there was a failure to uphold this standard, and that the breach was the direct cause of the accident and resulting death. A Williamsville wrongful death attorney can thoroughly investigate a case and collect all necessary evidence to show what caused the event and who should be held responsible.
Eligibility to File a Negligent Death Claim
Wrongful death lawsuits occupy a special branch of personal injury law. Usually, the plaintiff in an injury claim is the individual who has suffered the harm. However, following a death, this is impossible. Instead, New York law states that specific relatives of the deceased or a decedent’s estate representative can file these claims in court. These family members include the decedent’s child, parent, or spouse. If there is no such individual, it may be possible for another blood relative, such as a sibling, to bring the claim forward, provided they have been named as a representative of the deceased.
Compensation packages can include demands for things such as:
Lost financial support of the decedent
A loss of companionship and protection
Emotional pain and suffering of family members
Funeral and burial expenses
Pre-death medical care
While taking legal action may be the last thing on someone’s mind if they are grieving, it is essential not to delay the process for too long. New York sets a two-year statute of limitations for these claims. A compassionate Williamsville attorney can help protect the rights of wrongful death victims’ families and ensure these strict time constraints are met.
Reach Out to a Williamsville Wrongful Death Attorney to Help Secure Your Family’s Future
Enduring an untimely death places great strain and emotional trauma on a family. Not only will you need to deal with the mental component of no longer having that person in your life, but you also need to evaluate how that death will affect your family’s finances.
A Williamsville wrongful death attorney can help families to pursue timely and effective claims to recover financial compensation and hold at-fault parties responsible for their actions. Contact our firm today to schedule a free consultation.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
