For any family, losing a loved one is an unthinkable tragedy. But suffering such a painful loss due to someone else’s negligent or reckless actions adds injustice to the grief. If you’ve recently endured the heartache of losing someone close to you in a wrongful death incident near Clarence, you may be overwhelmed wondering how to seek justice for their memory.
As Clarence personal injury attorneys dedicated to helping surviving family members through their darkest hours, we understand the importance of empowering families with legal options in such situations. Our team is here to offer thoughtful guidance on pursuing financial compensation that could provide support through the difficult road ahead.
The Clarence wrongful death lawyers of Richmond Vona, LLC can help you understand your rights and how our representation could help honor your loved one through fair accountability for their preventable passing. You need not face such challenges alone.
Establishing a Wrongful Death Claim
In New York, families have the legal right to compensation if a loved one’s death was caused by someone else’s negligent, reckless, or criminal actions.
The first step is to carefully investigate the circumstances surrounding the loss of your family member and collect any documentation that could help establish liability, such as police reports, witness statements, medical records, or photos of the accident scene. Our wrongful death attorneys in Clarence can guide you through obtaining these important records.
Proving Negligence or Recklessness
To have a valid wrongful death claim, the responsible party’s actions must meet the legal standard of negligence or recklessness. This means showing they failed to exercise reasonable care that a prudent person would in similar circumstances, or that they acted with conscious disregard of a known risk of harm.
Establishing negligence often requires establishing the applicable standard of care and how the responsible party fell below it. Our legal team works closely with investigators and experts to build a strong case.
The compensatory damages available in a wrongful death lawsuit seek to address both economic and non-economic losses suffered by the deceased’s surviving family members. Economic losses could include things like:
- Lost financial support and lost wages
- Loss of household services
- Funeral and burial expenses
Non-economic losses aim to address the survivors’ pain, such as:
- Mental anguish and grief
- Loss of companionship
Even though money can never fully replace a loved one, our wrongful death attorneys in Clarence will help you understand the full scope of damages permitted under New York law.
Filing a Lawsuit and Settlement
Once liability and damages have been established to the extent permitted by law, we would file a wrongful death lawsuit on your family’s behalf against those responsible. In many cases, the defendant’s insurance company will want to settle the claim prior to trial to avoid costly litigation.
However, you should never feel pressured into settling prematurely. Our team ensures all legal options are explored to maximize the value of your claim through an aggressive negotiation process or if needed, a court ruling.
If the parties cannot reach an agreeable settlement amount through direct discussions, we are fully prepared to take the case to trial to argue your family’s case before a judge or jury. Even the threat of trial often motivates insurance companies to offer fairer compensation.
Throughout the legal process, frank communication is key, and our attorneys make certain you understand each step.
For a free legal consultation with a wrongful death lawyer serving Clarence, call (716) 300-5885
How Wrongful Death Claims Originate
Our wrongful death lawyers in Clarence often see claims arise from situations involving:
Head-on collisions, rear-end crashes, and accidents caused by drunk or distracted driving. Motor vehicle accidents are a leading cause of accidental death.
Falls, equipment malfunctions, exposure to hazardous materials. This includes construction sites, factories, warehouses, etc.
Errors or negligence during treatment, surgery, childbirth, missed diagnoses, improper medications.
Nursing Home Negligence
Falls, pressure ulcers, malnutrition, or improper medication administration leading to injury or death.
Deaths caused by unsafe, defective, or hazardous conditions on someone else’s property like apartments, businesses, or public spaces.
Deaths caused by dangerous or defective products like vehicles, machinery, power tools, pharmaceuticals, or consumer goods.
Construction Site Accidents
Construction accidents can include crane or equipment failures, falls, and wrongful exposures to dangerous conditions.
Clarence Wrongful Death Lawyer Near Me (716) 300-5885
How Long do I Have to File a Wrongful Death Claim in New York?
In New York, you generally have two years to file a claim according to the statute of limitations as described in EPTL 5-4.1. It’s critical that you contact a personal injury law firm in Clarence as soon as possible to preserve evidence and begin building a claim to avoid losing your right to recover compensation.
Contact Us to Learn More About Filing a Wrongful Death Lawsuit in Clarence
The wrongful death claim process aims not only to award damages but also to establish clear accountability for what happened.
Though no amount of money can replace the joy and comfort of your loved one’s presence, achieving a just outcome helps provide closure and reassurance that their memory lives on by preventing similar tragedies. Richmond Vona, LLC remains dedicated to honoring their life in this small way.
Please contact our Clarence wrongful death attorneys today for a free consultation. You need not shoulder this emotional burden alone, and we are here to ease the difficulty of the days ahead through dedicated legal representation.