Compassionate Wrongful Death Attorneys In Your Time Of Need And Loss
The loss of a loved one is tragic and devastating. When that loss is due to someone else’s negligence, it’s even worse knowing that it was preventable. You deserve justice and compensation for the countless ways your life has been irrevocably altered.
At Kenny & Kenny, PLLC, we understand the immense pain you’re going through. Since 1987, our attorneys have been providing compassionate advocacy to families in the Syracuse area dealing with wrongful deaths. We want to make a positive difference in your life after such a tremendous loss. We have recovered millions of dollars for people in serious injury and fatal accident cases, and we are committed to recovering the full amount you deserve.
What To Know About Wrongful Death Claims In New York
As in personal injury cases, wrongful death cases in New York aim to compensate those harmed by another’s negligence (wrongdoing). These cases can be especially challenging. They frequently involved high financial stakes. What’s more, proving negligence can be a daunting task. It requires a thorough investigation and robust evidence. We’re here to help you navigate these complexities.
Handling All Types Of Wrongful Death Cases
We handle wrongful death cases resulting from a range of circumstances, such as:
- Car, truck and vehicle accidents due to reckless driving, drunk driving, distracted driving or other types of negligence
- Medical negligence, including surgical errors, misdiagnosis and medication errors
- Work accidents involving the negligence of a third party, such as other contractors, on construction sites
- Dangerous property conditions leading to fatal falls, dog bites, violent crimes, swimming pool drownings and other fatal accidents
We also handle mesothelioma claims, which differ from traditional wrongful death cases. Tragically, mesothelioma is almost always fatal.
Frequently Asked Questions About New York Wrongful Death Litigation
After the unexpected loss of a family member, you have both personal and practical challenges to overcome. A wrongful death lawsuit can provide your family with closure and can offset the economic impact of the tragedy that occurred. Understanding your rights under New York laws can empower you to take legal action.
Who has the right to file a New York wrongful death lawsuit?
New York laws require that the personal representative or executor of the deceased person’s estate file the wrongful death lawsuit brought in response to their passing. The personal representative may be a party appointed by the courts or nominated in estate planning paperwork. The personal representative takes action on behalf of surviving dependent family members, such as the decedent’s spouse, children or parents, and eventually distributes the proceeds of a successful lawsuit among them.
What losses are recoverable in a wrongful death lawsuit?
A wrongful death lawsuit can help offset the financial impact of a tragedy, including the cost of a burial and funeral. Families can request compensation for economic losses and also noneconomic consequences of the decedent’s passing. The financial or pecuniary damages possible include lost financial support, such as lost wages and workplace benefits, medical expenses, the loss of future inheritance and the economic value of the loss of the deceased party’s services.
The damages can also include certain noneconomic losses, although New York does not allow claims for grief. Surviving children can request compensation for the loss of parental guidance. Families can also seek compensation for the conscious pain and suffering the deceased party experienced between the time of their injury and their death as part of a survival action, which a New York wrongful death attorney can often file jointly with a wrongful death lawsuit.
What evidence helps make a wrongful death lawsuit successful?
Plaintiffs generally need robust evidence of fault and losses that meet the “preponderance of the evidence” standard imposed by the civil courts. The evidence available must show that it is more likely than not that the defendant named in the lawsuit is the party at fault for the passing of the decedent and help demonstrate the overall financial impact the passing caused.
Collision reports, security or traffic camera footage, medical records, expert testimony, and witness statements can all help establish that a specific person or business caused a death through either negligence or misconduct. Financial records, including tax returns and household financial documents, can help validate the economic losses generated by the decedent’s passing.
Let Us Spearhead Your Wrongful Death Claim
If your loved one died in a preventable accident, we can help you pursue the fatal accident compensation your loved one would have wanted you to have. Contact us at 315-883-8532 to speak with our lawyers during a free and confidential consultation. Let us fight for justice, closure and compensation that can help you rebuild your life.