Did you lose a loved one in a fatal accident in Syracuse, NY? As a grieving family member, you have certain rights — including the ability to demand compensation from those responsible for your loss. The experienced Syracuse Wrongful Death Lawyers at Passalacqua & Associates, LLC, are here to help you navigate this incredibly difficult time in your life. Call our law office at (315) 500-6425 to schedule a free consultation.
For more than a decade, Syracuse families have trusted our award-winning New York trial attorneys to help them fight for justice after fatal accidents and other personal injury cases, such as auto accidents, slips and falls, workplace accidents, and medical malpractice.
Backed by over 50 years of combined legal experience, we’ve helped our clients win millions in personal injury case results. Now, our legal team is here to fight for your family in the wake of this unimaginable tragedy.
Why Hire Passalacqua & Associates After a Fatal Accident in Syracuse, NY?
Having the right to seek compensation for a loved one’s wrongful death does not mean that getting compensation will be easy. Insurance adjusters and defense attorneys will do everything they can to take advantage of your anguish, emotions, and suffering to get you to give up or accept way less money than you deserve.
Stop these tactics in their tracks by hiring an experienced Syracuse personal injury attorney to fight for you. Passalacqua & Associates is home to upstate New York’s premier litigators. We’re known for our compassionate and personalized representation and multi-million-dollar track record of success. Members of our legal team belong to The National Trial Lawyers, the New York State Academy of Trial Lawyers, and other prestigious legal organizations.
Putting our Syracuse personal injury lawyers in your corner sends a clear message to the defense – you’re not backing down without a fight.
How Can Passalacqua & Associates Help Me After a Fatal Accident in Syracuse?
By hiring a lawyer from Passalacqua & Associates, you’ll give yourself time to grieve your loss and figure out how to move forward while we handle everything else.
Our legal team in Syracuse, New York, will:
- Help you understand your family’s legal rights and answer any questions you have throughout the claims process
- Investigate your loved one’s wrongful death to understand why it happened, how it might have been avoided, and who’s at fault
- Gather critical evidence needed to prove your allegations and secure a meaningful financial award
- Evaluate the impact of your family member’s death on your life and calculate what your wrongful death case is worth
- Pursue a maximum settlement offer during negotiations
- Bring your family’s wrongful death lawsuit to trial if the defense isn’t willing to settle for a reasonable amount
Contact our Syracuse wrongful death attorneys to learn more and schedule a time for your free consultation.
How Do I Know If I Have a Wrongful Death Claim in New York?
When a person suffers injuries because of an accident or another person’s harmful conduct, they have the right to file a civil lawsuit for damages.
Under New York State law, wrongful death claims can be filed when:
- A wrongful act, neglect, or default caused the victim’s death, and
- The victim would have been entitled to pursue damages if they’d survived.
In New York, the right to file a lawsuit doesn’t disappear just because the victim dies. Instead, the right to sue can shift to another party in what’s known as a wrongful death claim.
What Is My New York Wrongful Death Case Worth?
There are many factors that can influence the value of your case, including:
- The extent of damages
- The victim’s age, health, and life expectancy
- Whether your loved one shares liability for the accident
- Available insurance coverage
- The strength of your evidence
- Whether the case settles or goes to trial
We will conduct a comprehensive analysis to give you a reasonable estimate of the value of your case.
What Types of Damages Can Be Awarded in a Syracuse Wrongful Death Case?
Recoverable damages in a wrongful death claim include money for the family’s pecuniary losses, including:
- Funeral, cremation, and/or burial expenses
- Loss of household services
- Loss of financial support, including wages, income, and benefits
- Lost inheritance
- Loss of parental guidance
While wrongful death lawsuits are a matter of personal injury, they’re different from other types of personal injury cases. One of the most significant differences involves damages. Unlike most personal injury claims, plaintiffs in New York wrongful death claims are typically limited to a recovery of economic damages.
Damages for the family’s pain and suffering aren’t typically awarded in New York wrongful death cases. However, the family may be able to recover compensation for the decedent’s pain and suffering through a related survival action.
A survival action can be pursued if the decedent survived their injuries for some time. Damages are awarded to the estate and distributed to heirs in accordance with the victim’s will or pursuant to New York intestacy laws.
Punitive damages are rarely awarded in personal injury cases, but can be appropriate when there’s compelling evidence to show that a defendant acted with a high degree of moral turpitude or displayed a reckless indifference to the victim’s life. If the defendant acted with malice or was grossly negligent, a jury can order additional damages as added punishment.
How Much Does It Cost to Hire a Wrongful Death Lawyer in New York?
We handle claims on a contingency fee basis. There are no hourly or upfront costs, and you don’t have to pay us unless we secure compensation for you. This fee structure allows anyone to have access to affordable legal representation.
If you have any questions about our contingency fees, please don’t hesitate to reach out.
Can I Still Recover Compensation if My Loved One Was Partly at Fault for Their Fatal Accident in New York?
In New York, personal injury lawsuits are subject to the state’s rule of pure comparative negligence. This means that a victim’s negligence will affect their ability (or their family’s ability) to recover compensation. Damages are reduced proportionately to fault. So, you could expect to receive 80 percent of the value of your wrongful death claim if your loved one is assigned 20 percent of the blame for their fatal accident.
Victim-blaming tactics are a favorite of New York insurance adjusters and defense attorneys. Pointing the finger at the victim can help them limit how much, if anything, they have to pay in damages. These tactics can be much more successful in wrongful death claims when the victim isn’t around to tell their side of the story.
Our Syracuse wrongful death attorneys will be here to defend your loved one against these allegations and fight to protect your opportunity to benefit from a wrongful death action. We won’t let unsubstantiated claims of shared fault stand between you and the money you deserve.
What Are Common Causes of Wrongful Death in New York?
You might have a wrongful death claim if you’ve recently experienced the unexpected death of a close family member as a result of (a/an):
- Car accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- E-scooter accident
- Motorcycle accident
- Bus accident
- Train accident
- Boating accident
- Slip and fall accident
- Dog bite or animal attack
- Defective product
- Construction accident
- Workplace accident
- Assault
- Sexual assault
- Medical malpractice
- Nursing home abuse
- Aviation accident
However, not just anyone can file a wrongful death lawsuit. New York requires these types of claims to be brought by a personal representative. The personal representative is named in the decedent’s will or, if they die without a will (intestate), appointed by the court.
Any damages awarded in a wrongful death lawsuit are distributed to the decedent’s heirs “in proportion to
their pecuniary loss.” Priority goes to the victim’s surviving spouse and child(ren). If a victim dies without children, priority goes to the spouse and/or parent(s).
How Long Do I Have to File a Wrongful Death Lawsuit in Syracuse, New York?
Every second counts when you’re thinking about filing a wrongful death lawsuit in Syracuse, New York. State law imposes a strict two-year statute of limitations on wrongful death cases. The statute of limitations begins to run on the date of a victim’s passing.
If the personal representative fails to submit the complaint before the filing deadline, the family will lose the opportunity to recover compensation for their pecuniary losses.
Don’t let the at-fault party off the hook for your traumatizing loss. Call Passalacqua & Associates and make sure your rights are fully protected. We can begin to strategize your wrongful death case as soon as you ask for our help.
Schedule a Free Consultation With a Trusted Syracuse Wrongful Death Lawyer
Someone you care deeply about is gone forever because someone else was negligent. Now, it’s time to make sure they’re held accountable for the harm they’ve caused. Passalacqua & Associates can help you fight for the monetary justice you need and deserve.
Our Syracuse wrongful death attorneys offer honest, reliable, and powerful legal representation to grieving families across Upstate New York. As award-winning litigators, we’ve helped clients win millions in life-changing settlements and jury awards. Today, we’re ready to be your family’s most fearless legal advocate, too.
There’s no charge for an initial consultation. Call our law office to learn more.