Did you lose a loved one in a car accident, slip and fall, or other incident in Utica, NY? If so, you and your family may be entitled to compensation by filing a wrongful death claim. Passalacqua & Associates, LLC is here to help you through the process while providing caring support along the way. Our personal injury law firm brings 50 years of combined experience and has recovered millions of dollars for our deserving clients.
We care deeply about our community and will work hard to secure the results you need to move forward. Contact our law office today for more information. We offer a consultation with one of our award-winning Utica wrongful death lawyers at (315) 500-6425.
Losing a close family member is one of the most painful experiences anyone can face. When a death occurs due to someone else’s negligence or intentional actions, the emotional and financial burdens on your family can be overwhelming. At Passalacqua & Associates, LLC we understand the deep impact such a loss can have on your life. We are committed to helping you seek every dollar of compensation you deserve under New York law.
Our experienced wrongful death attorneys in Utica know how to handle even the most complex cases. Insurance companies and opposing parties know we are tough litigators who are not afraid to take your case to trial if needed. We use our vast experience to fight for your rights every step of the way. When you choose us, you can expect our team to work diligently to investigate the accident, gather all necessary evidence, and build a strong case for you.
When you hire us to help with your wrongful death claim in Utica, New York, we will assist by:
Reach out to us today to learn more about your legal rights. During your free case review, our Utica personal injury lawyers will explain how we can help you pursue a fair settlement for your family’s loss.
In New York, wrongful death is defined as the loss of a loved one caused by the negligent, reckless, or intentional actions of another party. When a death is caused by such actions, the surviving family members may file a wrongful death claim. Typically, the claim is brought by the personal representative of the deceased’s estate on behalf of the surviving spouse, children, or, in some cases, the parents of the deceased.
Wrongful death claims are designed to help families cover the many costs that arise after a loss. These claims aim to provide compensation not only for financial hardships but also for at least some aspects of the emotional suffering that results from the untimely death of a family member.
In New York, there is also a concept known as a survival action. A survival action is brought on behalf of the deceased to recover benefits and expenses that the person would have been entitled to if they had survived. However, wrongful death claims focus solely on the losses suffered by the family members left behind.
These legal actions are handled in civil court, meaning the rules of evidence and burden of proof differ from criminal cases. In criminal cases, the evidence must show guilt “beyond a reasonable doubt.”
For wrongful death claims, the standard is “by a preponderance of the evidence,” which means it is more likely than not that another party’s actions caused the death. This lower standard of proof can make it easier to win your case and receive the compensation your family needs.
Putting a precise dollar value on a human life is nearly impossible. However, when you file a wrongful death claim, courts and insurance companies look at many factors to determine fair compensation. Our legal team will carefully consider all aspects of your loss to help secure the best possible recovery for your family.
Some of the factors our team will evaluate include:
These factors help us determine both the economic and non-economic losses your family has suffered. Economic losses may include lost wages and benefits, while non-economic losses cover the pain, suffering, and loss of companionship that no amount of money can truly replace. Wrongful death claims can be worth substantial amounts, especially when all these factors are taken into account.
When you file a wrongful death claim, you seek damages meant to cover economic and non-economic losses. These damages help make up for the many ways in which your family’s life has been affected by the loss of your loved one. In New York, wrongful death damages include things like:
Our goal is to help your family recover every dollar that you are entitled to. We know that no amount of money can replace the loss of a loved one, but proper compensation can ease the financial burden during a difficult time and help you move forward.
In some wrongful death cases, the deceased may have shared some fault for the accident. In New York, the law follows a pure comparative negligence system. This means that if the deceased was partly at fault, your family’s recovery may be reduced by the percentage of fault attributed to the victim.
For example, if an investigation finds that your loved one was 20% responsible for the accident, the total damages awarded may be reduced by 20%. Even with shared fault, however, your family can still recover compensation for the losses you have suffered. The key is to prove that the majority of the blame lies with the other party or parties.
One of the most common concerns families have when considering a wrongful death claim is the cost of legal help. At Passalacqua & Associates, LLC we understand that this is a difficult time for you, and you should not have to worry about paying upfront fees. That is why most of our wrongful death cases are handled on a contingency fee basis.
This means that you will not pay any fees unless we successfully recover compensation for you. Typically, our fee is 33% to 40% of the total amount recovered. If we do not win your case, you owe us nothing. This fee arrangement aligns our interests with yours—we only get paid when you receive money that can help support your family during this challenging time.
In New York, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. This two-year window is known as the statute of limitations. You may lose your right to seek compensation if you do not file your lawsuit within this period.
However, there can be exceptions in rare cases. For instance, if the death involved a minor or a government entity, the time limit may be different. It is very important to speak with an attorney as soon as possible to avoid missing this critical deadline.
Have you lost a family member due to someone else’s negligence or wrongdoing in Utica, New York? You may be able to file a wrongful death claim for compensation and relief. Passalacqua & Associates, LLC is here to help you during this incredibly difficult time. Our experienced Utica wrongful death attorneys will work tirelessly to help you recover the maximum damages available under New York law.
Contact us today for your free consultation. We are here to listen, help you understand your legal rights, and guide you through every step of the process.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.