Syracuse, New York, Wrongful Death Car Accident

Jed Dietrich, Esq., Is a Recognized Super Lawyer Who Has Spent Decades Protecting the Rights of New York Families. If You Have Lost a Loved One in a Car Accident That Was Not Their Fault, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

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Coming to terms with the death of a close family member is never easy.

However, when a loved one’s life comes to an early and unexpected end, feelings of grief are often compounded by unexpected hardship, the cost of an unplanned funeral, the loss of a breadwinner, and the weight of a spouse or relative’s absence.

Although no amount of money can ever compensate for a life lost, you do not have to bear the burden of another person’s misconduct. If you have lost a loved one in a car accident that was not their fault, the Dietrich Law Firm P.C. could help you obtain the support you need to begin rebuilding your life. Since our founding in 2005, our attorneys have successfully secured more than $250 million in damages, money that our clients have used to cover funeral costs, replace lost income from work, and reclaim their financial independence.

Please send us a message online or call us at 1-866-529-5334 to speak to a wrongful death attorney and schedule your free consultation.

Wrongful Death Car Accidents And Claims

Car accidents are a leading cause of accidental death in all 50 states.

In New York alone, hundreds of people die in traffic-related accidents each year; thousands more are seriously injured, while upward of 100,000 are forced to seek emergency treatment for their injuries.

However, while every accident-related death is tragic, they cannot all be termed “wrongful.” This is because, under state law, certain conditions must be met to file a wrongful death lawsuit. In general, and under most circumstances, courts will only consider a death wrongful if it was caused by another person or party’s “wrongful act, neglect, or default.”

In other words, a death is only “wrongful” if the victim’s family can prove that a defendant’s negligence was the cause of the deceased person’s death.

Here is what you need to know about wrongful death accidents, negligence, and liability:

The Different Types Of Wrongful Death Motor Vehicle Collisions

Almost any type of fatal motor vehicle accident could serve as the basis for a wrongful death lawsuit. However, most wrongful death car accident claims fall into the same broad categories. These include, but are not limited to, the following:

1. Car crashes;
2. Motorcycle accidents;
3. Semi-truck and other commercial vehicle crashes;
4. Limousine and rideshare crashes;
5. Bridge and road infrastructure-related collisions;
6. School bus and public transportation accidents; and
7. Accidents caused by poor maintenance or mechanical defects.

Although many wrongful death claims fit into one or more of these categories, the circumstances of every accident are unique. If, for example, a collision involves two or more private vehicles, the victim’s family may be able to take legal action against the at-fault driver and their insurance company. Semi-truck accidents, on the other hand, can have comparably abstract causes, causes that require investigating not only another driver but their employer, too.

The Requirements for Filing a Wrongful Death Car Accident Claim in Syracuse

If you believe that a close family member lost their life due to another driver’s negligence, you could be entitled to file a wrongful death lawsuit against the person or party responsible for your loved one’s death.

However, the requirements for filing a wrongful death lawsuit differ from those required of a personal injury claim.

In New York, in a wrongful death lawsuit, only the victim’s “personal representative” has the standing to bring a wrongful death lawsuit. The personal representative is, in simple terms, the individual who has been appointed to initiate probate, manage the decedent’s estate, and redistribute assets. Personal executors are typically named in last wills and testaments; if the victim did not have a will, a New York Surrogate’s Court will appoint one, often from among the deceased person’s living relatives.

The 4 Essential Elements Of A Wrongful Death Car Crash Lawsuit

Even if you have the cause and standing needed to file a wrongful death lawsuit, your claim must meet and exceed a certain legal standard to succeed. As a general rule, you will be expected to establish the following:

1. The at-fault driver owed the victim a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The at-fault driver’s negligence was the direct cause of the deceased person’s injury and death; and
4. The victim’s death resulted in damages.

However, some accidents are subject to different requirements, especially if they involve government-owned property, manufacturing defects, or mechanical faults.

Do not take chances with your family’s right to recovery. The Dietrich Law Firm P.C. has spent decades litigating high-stakes personal injury and wrongful death claims. In total, we have helped our clients secure more than $250 million in damages. We could help you, too. Please send us a message online or call us at 1-866-529-5334 to speak to a wrongful death lawyer near Syracuse and schedule your 100% free, no-obligation consultation.

Compensation And The Distribution Of Damages In A Syracuse Wrongful Death Car Accident Lawsuit

Legal professionals use the term “damages” to describe compensation for different forms of loss and hardship. In New York, wrongful death damages are intended to provide “fair and just compensation” for the decedent’s death.

Some of the most common types of wrongful death damages include the following:

1. Funeral and burial expenses;
2. The deceased person’s end-of-life medical expenses;
3. The value of the financial support that the decedent provides and could be expected to provide in the future;
4. The value of household services, guidance, and support; and
5. The estimated value of surviving family members’ lost inheritances.

Unlike many other states, New York does not cap wrongful death damages.

However, state law does place stringent restrictions on the distribution of wrongful death compensation, directing that any and all damages be held “exclusively for the benefit” of the deceased person’s surviving relatives.

If a claim is successful, then these damages will be distributed according to a predetermined legal formula. This formula typically privileges close living relatives in this order of preference:

1. The deceased person’s surviving spouse and children;
2. The deceased person’s surviving parents;
3. The deceased person’s siblings; and
4. The deceased person’s grandparents and other “issue,” which includes grandchildren and other descendants.

In general, if the deceased person had a family of their own, then their surviving spouse and children will be entitled to 100% of any compensation awarded in a wrongful death claim.

How The Dietrich Law Firm P.C. Could Help You File, Fight, And Win Your Wrongful Death Claim

A wrongful death lawsuit can present incredibly high stakes for everyone involved.

Even if the at-fault driver admits fault or goes to jail, you will most likely have to turn to their car insurance company for your settlement. The car insurance company only stays profitable when it keeps compensation to the absolute minimum. More often than not, this means deploying adjusters, hiring lawyers, and seizing every opportunity to lower their own liability.

Insurance companies and defense attorneys know that most families simply do not have the time, money, and energy needed to litigate a wrongful death lawsuit. Instead of negotiating in good faith, they may try to wear you down, refusing to negotiate or threatening to walk away if you do not accept a low-ball offer.

You do not have to accept endless excuses and empty promises in place of compensation. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for recovery, and we have the results to prove it.

Depending on the circumstances of your claim, our experienced team of wrongful death lawyers could help you:

1. Investigate your loved one’s death;
2. Determine the cause of a family member’s accident;
3. Identify every possible defendant for your claim;
4. Assess your damages, accounting for your outstanding expenses as well as your family’s anticipated losses; and
5. Aggressively represent your interests, both in negotiations and at trial.

Please send us a message online or call us at 1-866-529-5334 to speak to a wrongful death car crash lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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