If you have lost a loved one in an unexpected accident, you may be able to sue the at-fault party for compensation. While no amount of money can undo the pain of losing someone close to you, making a financial recovery can help you deal with the expenses that often arise in such situations. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse wrongful death attorneys are committed to compassionately helping families obtain the legal help they need.
A driver attempting to park a minivan in Manhattan’s busy Chinatown went over a curb and onto a sidewalk earlier this week, killing a 56-year-old man and injuring six others, according to law enforcement. At least two of the injured victims were in critical condition while two others had injuries that were severe but not life threatening. Unconfirmed reports suggested that the wreck was unintentional as the driver was trying to parallel park but hit the wrong pedal. The driver of the vehicle, who is 70 years of age, stayed at the scene of the accident. He also suffered injuries but refused medical attention.
Wrongful Death Claims in New York
Due to the lack of structural protection, pedestrians are more vulnerable to serious bodily injury and death than those traveling in automobiles. Wrongful death occurs when the negligence of one party leads to the death of another. A wrongful death may arise in a number of contexts, including auto accidents, pedestrian accidents, slip and fall accidents, medical malpractice and construction site accidents. In the case described above in which the van driver accidentally killed the pedestrian, the van driver could likely be held liable through a wrongful death claim.
In New York, the responsibility of filing a wrongful death claim is on the “personal representative” of the deceased person’s estate. Unlike many other states, New York law does not permit a family member to file a claim in court unless that family member is also the personal representative of the estate.
Damages Available in Wrongful Death Cases
Damages awarded in New York wrongful death cases may include compensation for a variety of things, including but not limited to: medical expenses, loss of wages, funeral and burial costs, property damage, loss of companionship and more. Calculating a specific damages amount can be extremely complicated and having an experienced attorney on your side who is familiar with these cases can make all the difference in your case.
Seasoned Syracuse Wrongful Death Attorneys
Losing a loved one is always difficult but it can be even harder to deal with when the loss is unexpected and preventable. If you have lost a loved one due to someone else’s negligence, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse wrongful death attorneys are committed to helping you get the justice and compensation you deserve for your harm. We are here to help you through this difficult time while protecting your rights every step of the way. Please call us 315-479-9000 or contact us online.
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