Content Reviewed By:
John Richmond, Co-Founding Member
- November 6, 2024
It is never easy for a family to lose a loved one. The pain is often substantial and impacts many areas of day-to-day life. The feelings of loss can be amplified when the cause of death is an accident that could have been prevented if not for someone else’s negligence.
While no amount of money can adequately compensate for such a tragedy, a Williamsville wrongful death lawyer can help bring comfort and financial stability to a grieving family. Our team can work to investigate the cause of death and take the lead in holding at-fault parties responsible. Call Richmond Vona, LLC today to speak with a caring personal injury attorney to learn more about your legal options.
When is a Death a Cause for a Wrongful Death Claim?
While every death will place a family in a difficult position, not every death can serve as the basis for a lawsuit. According to Laws of New York § 5-4.1, the death must result from another party’s abuse, neglect, or default.
In other words, a claim is possible when the event would have allowed the decedent to file a personal injury lawsuit if they had survived. Common incidents often include:
- Car, motorcycle, truck, or bicycle collisions
- Pedestrian accidents
- Defective product cases
- Nursing home abuse or neglect allegations
- Medical malpractice
- Injuries that occur on another’s property
- Dangerous drugs
- Construction accidents
Regardless of what type of incident occurred, individuals filing a negligent death claim need to show that the defendant in the matter was legally to blame. This is typically done by establishing that the decedent was owed a duty of care, there was a failure to uphold this standard, and that the breach was the direct cause of the accident and resulting death. A Williamsville wrongful death attorney can thoroughly investigate a case and collect all necessary evidence to show what caused the event and who should be held responsible.
Eligibility to File a Negligent Death Claim
Wrongful death lawsuits occupy a special branch of personal injury law. Usually, the plaintiff in an injury claim is the individual who has suffered the harm. However, following a death, this is impossible. Instead, New York law states that specific relatives of the deceased or a decedent’s estate representative can file these claims in court. These family members include the decedent’s child, parent, or spouse. If there is no such individual, it may be possible for another blood relative, such as a sibling, to bring the claim forward, provided they have been named as a representative of the deceased.
Compensation packages can include demands for things such as:
- Lost financial support of the decedent
- A loss of companionship and protection
- Emotional pain and suffering of family members
- Funeral and burial expenses
- Pre-death medical care
While taking legal action may be the last thing on someone’s mind if they are grieving, it is essential not to delay the process for too long. New York sets a two-year statute of limitations for these claims. A compassionate Williamsville attorney can help protect the rights of wrongful death victims’ families and ensure these strict time constraints are met.
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Words cannot describe how grateful my wife and I are of John Richmond. His friendliness, knowledge, loyalty and professionalism are of the highest level. Being this was the first time we’ve had to obtain legal assistance, John made this process very easy for my wife and I. We both would highly recommend Richmond Vona.
What a phenomenal experience to come from a terrifying accident. From day 1 Richmond/Vona provided me with nothing but comfort and professionalism. Communication is paramount in my needs and they performed that with nothing short of exceptional. Mr. Richmond made me feel like this was the only case he was working on. Thank you to all of your staff for looking out for my best interests and taking a stressful situation and making it so very easy for me and my family.
Reach Out to a Williamsville Wrongful Death Attorney to Help Secure Your Family’s Future
Enduring an untimely death places great strain and emotional trauma on a family. Not only will you need to deal with the mental component of no longer having that person in your life, but you also need to evaluate how that death will affect your family’s finances.
A Williamsville wrongful death attorney can help families to pursue timely and effective claims to recover financial compensation and hold at-fault parties responsible for their actions. Contact our firm today to schedule a free consultation.
