Some vehicle crashes tragically result in death. At DeFrancisco & Falgiatano, we represent clients who have lost loved ones in deadly crashes, including collisions involving cars, trucks, motorcycles, buses, and planes. If you have lost a loved one in a deadly crash caused by another, you may be able to recover damages in a lawsuit. An experienced Syracuse wrongful death attorney can review your case and assess the viability of your claims.Deadly Crashes
Losing a loved one in a preventable deadly crash is devastating, and it can take a long time to emotionally recover. An untimely death may also bring about numerous economic losses. You may need to pay funeral costs and medical bills. You may no longer have the second income you need to pay a mortgage in order to keep a roof over your family members’ heads. However, you may be able to recover compensation for these losses by bringing a wrongful death lawsuit against the party or parties responsible for the deadly crash. Often the responsible party in a deadly crash is a negligent driver or operator.Wrongful Death Claims
A wrongful death lawsuit is a civil proceeding that is separate and distinct from any criminal charges that may be associated with the decedent’s passing. To bring this kind of lawsuit against a careless driver, there must have been a wrongful death, which is one caused by another’s default, neglect, or wrongful act. The defendant must be someone who could have been held accountable by the decedent based on his default, neglect, or wrongful act, had your loved one’s death not occurred. Additionally, to pursue a wrongful death lawsuit, there must be survivors of the decedent who have suffered tangible harm because of the death. In New York, only certain people can file a wrongful death lawsuit. These are the decedent’s spouse, children, parents, or the decedent’s estate’s personal representative.
Many wrongful deaths arising out of deadly crashes are the result of a driver’s negligence. You can show another driver’s negligence by proving it’s more likely than not: (1) the driver owed the decedent a duty to use reasonable care while driving, (2) breach of the duty to use reasonable care, (3) actual and proximate causation, and (4) damages. In the context of a motor vehicle accident, a driver can breach the duty to use reasonable care through speeding, driving recklessly, driving drunk, driving while distracted, or failing to obey traffic rules. Sometimes more than one person is responsible for a deadly crash, so it can be important to investigate all causes of the accident. A knowledgeable accident lawyer can help you investigate and gather all relevant facts related to your claims.Damages
If you are able to establish liability in a wrongful death lawsuit, it is possible to recover damages on behalf of the estate’s survivors. In New York, the harm arising from the death must be economic in order for you to obtain compensation for it. Damages that may be recovered include amounts for the decedent’s lost earnings, lost support, medical bills, and funeral and burial costs. In New York, a survivor can’t recover for his own pain and suffering due to the death of a loved one, but can obtain these damages for loved one’s pain and suffering before dying. So, for example, if your spouse was in a motorcycle crash and wound up in the hospital with catastrophic injuries for a month before dying due to those injuries, you could recover for your spouse’s month of pain and suffering, but not your own pain and suffering for losing a loved one.Consult an Experienced Wrongful Death Attorney in Syracuse
If you lost a loved one due to a deadly crash in Syracuse, you can discuss what happened with a skillful wrongful death lawyer. DeFrancisco & Falgiatano represents those who have lost loved ones in Rochester, Syracuse and everywhere in Upstate New York, including in Watertown, Canandaigua, Oswego, Lowville, Binghamton, Utica, Cooperstown, Herkimer, Oneida, Ithaca, Wampsville, Lyons, Auburn, and Elmira. Call DeFrancisco & Falgiatano at 315-479-9000 or contact us via our online form.