Wrongful Death Attorney in Albany, NY
When a loved one’s death is caused by another party’s negligence, the grieving process can be unimaginably difficult. On top of the emotional pain of the loss, you are likely also left with damages such as high medical bills, burial expenses, and lost wages. With the help of an Albany wrongful death lawyer, you can file a claim that pursues justice against the negligent party while supporting your recovery.
Gattuso & Ciotoli, PLLC: Skilled Wrongful Death Attorneys
The wrongful death lawyers at Gattuso & Ciotoli, PLLC have over 50 years of experience advocating for those impacted by wrongful death. We work tirelessly to achieve fair compensation, helping families move forward after a tragic loss. When working with us, you can expect personalized attention and compassionate guidance throughout your case.
How Wrongful Death Claims Work in New York
When a person loses their life because another party acted negligently, recklessly, or wrongfully, the surviving family can file a wrongful death claim. These claims address the financial and personal losses that follow an unexpected death, and hold responsible parties accountable for the harm their actions caused.
Many wrongful death claims are resolved through settlement negotiations with the at-fault party and their insurance provider. If settlement negotiations are unsuccessful, the case can proceed to court. Often, cases that are resolved through litigation involve complex issues such as disputed liability, multiple liable parties, large damages, or complex evidence.
Reasons You Should Hire a Wrongful Death Lawyer
While dealing with grief, it can be overwhelming to also suddenly find yourself having questions about your legal rights, handling insurance issues, or shouldering unexpected financial expenses. An Albany wrongful death lawyer can help you manage these responsibilities and provide guidance throughout the process of filing a wrongful death claim.
New York’s wrongful death laws can be complicated. Often, issues arise with gathering the right types of evidence you need, determining whether multiple parties are liable, or unexpected claim denials from insurance companies. When challenges arise, a lawyer can communicate on your behalf and advocate for your case, resolving the issue effectively.
An Albany wrongful death attorney can also handle communications with insurance companies. These negotiations and discussions are critical, as these companies are searching for ways to avoid liability or decrease payouts. A lawyer can stand up for your claim, helping you avoid a settlement that doesn’t fully compensate you for your losses.
Types of Wrongful Death Accidents in Albany
Wrongful death claims arise from many different situations. So long as the death was directly caused by another party’s negligence, the death does not have to occur in a certain type of accident. Some of the most common accidents that result in wrongful death in Albany include:
- Traffic accidents. Fatal motor vehicle accidents are one of the most common causes for wrongful death claims, including car, truck, motorcycle, pedestrian, rideshare, and other types of motor vehicle accidents. In 2023, New York had 1,114 traffic fatalities. Typically, the driver whose errors, such as speeding or distracted driving, led to the crash is liable for your damages.
- Medical malpractice. Patients put a great deal of trust in their medical provider, whether they are in St. Peter’s Hospital or the Albany Medical Center. Unfortunately, healthcare providers can make errors, which sometimes result in devastating outcomes. It is estimated that over 200,000 patients die due to preventable errors. These errors can include things like surgical errors, delayed diagnoses, or misadministered medication.
- Workplace accidents. Workplace accidents often involve serious, life-threatening hazards, especially in the trades or transportation industries. New York has an occupational injury and illness rate of 9 cases per 100 full-time equivalent workers in the private sector. Accidents are more likely to be fatal when they involve things such as heavy machinery, falls from high surfaces, or falling objects.
- Defective products. Product manufacturers are responsible for providing safe products with adequate safety warnings. When a company produces and distributes an unsafe product, it can result in a wrongful death claim against them. This includes a variety of goods, such as drugs and medical devices, kitchen and household appliances, or motor vehicle parts.
- Premises liability accidents. Premise liability accidents involve a property owner who fails to maintain safe conditions. This can include if a property owner fails to address structural instability, electrical issues that may cause fire, or other major hazards. If they neglect their property’s upkeep and safety, they can be liable for injury and death that occurs.
Damages You Can Recover Through a Wrongful Death Claim
The loss of a loved one often creates emotional and financial challenges that can affect a family for years. A wrongful death claim can’t make up for your loss, but it can help recover some of the damages that resulted from the loss. Common damages available in wrongful death claims are:
- Medical expenses. Medical treatments from before a person passes away can add up. Compensation can cover the cost of medical bills for emergency medical services, hospital care, medications, surgeries, and other medical expenses that were incurred in the accident.
- Funeral and burial expenses. Funeral arrangements can create significant and unexpected financial strain. By filing a wrongful death claim, you can receive compensation for these expenses, allowing you to focus on the service itself.
- Lost income and future financial support. One of the most significant financial losses for many families is the loss of the deceased person’s income. When calculating this damage, your lawyer can look at factors such as current earnings, employment benefits, and job changes or career growth.
- Loss of household contributions. While it can seem straightforward to measure financial loss by lost income, losing help with household and family responsibilities is also highly impactful. This includes responsibilities such as childcare, home maintenance, cleaning, or transportation help.
- Pain and suffering of the deceased. In some cases, compensation can be increased to reflect the pain and suffering the victim experienced because of their injury, but before their death. More severe and longer duration of pain often lead to higher awards when evaluating these damages.
- Emotional pain of surviving victims. The emotional impact on the surviving loved ones is also considered when calculating compensation.
How Liability Is Proven in a Wrongful Death Claim
Proving liability is one of the most important aspects of a wrongful death case, as it is necessary before recovering compensation. While a fatal accident itself is devastating, it doesn’t automatically establish legal responsibility. You must be able to provide evidence that someone acted negligently, which directly resulted in the death.
An Albany wrongful death attorney can conduct a thorough investigation to build an evidence-based argument that establishes liability. A successful claim must prove that:
- That the at-fault party had a duty of care to act in a reasonably safe way
- That the at-fault party breached this duty of care
- That the breach of duty of care directly led to the death
FAQs
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative of the deceased’s estate can file a claim. The personal executor is either the executor named in the will or, if there is no will, an administrator appointed by the court. This individual files a claim on behalf of the deceased person’s estate and is able to distribute compensation to the surviving family or beneficiaries. Unless they are the personal representative, family members cannot file a claim.
How Much Is a Wrongful Death Settlement?
How much a wrongful death settlement is worth depends on your specific case. The value of a settlement varies greatly depending on factors such as the deceased person’s age, income, earning capacity, family and household responsibilities, and the specific circumstances that led to the accident. Because each case is unique, a lawyer can help you calculate your losses and negotiate for a settlement that fairly compensates you for your loss.
How Long Do You Have to File a Wrongful Death Claim in New York?
Under New York’s wrongful death laws, you have two years from the date of death to file a wrongful death claim. While this deadline may seem like a lot of time, it is a good idea to begin working with an Albany wrongful death attorney as soon as possible. Beginning a case early improves your ability to recover evidence and can shorten the time before receiving compensation.
What Kinds of Evidence Do You Need to File a Wrongful Death Claim?
To file a wrongful death claim, you need sufficient evidence to prove the at-fault party’s liability and the damages you have suffered. If you hire a wrongful death lawyer, they can help you collect evidence, which may include medical records, police reports, photos and videos of the accident, witness testimonies, video camera footage, or tax and income records.
Seek Justice With the Help of an Albany Wrongful Death Lawyer
Losing a loved one through an act of negligence is one of the most tragic events you can face. If you are suffering from a loss caused by another party’s negligence, you may have legal options to recover some damages. Contact Gattuso & Ciotoli, PLLC to schedule a free consultation to learn more about how we can help you and your family move forward.