The death of any human being is a tragedy, but when the death is completely avoidable as in the case of deaths caused by negligence, defective products, medical malpractice or other culpable conduct, the death is even more tragic. Faraci Lange has been helping family members recover for the deaths of their loved ones for over 40 years.
Faraci Lange has more attorneys listed in Best Lawyers in America in the area of Personal Injury Law than any other firm in Rochester or anywhere else in New York State.
Wrongful death claims
The law in New York allows the estate of the decedent (the deceased person) to bring a claim on behalf of those family members who have been financially affected by the death. This claim, known as a Wrongful Death cause of action, can be brought only by the duly appointed estate representative, and must be brought within two years of the date of death. This period is shorter than the three-year statute of limitations that applies to most negligence claims, and therefore an early consultation with a reputable attorney is extremely important.┬á
Conscious pain and suffering claims
In addition to the wrongful death claim, if the person was conscious and suffered pain before death a separate claim can be brought on behalf of the estate of the deceased person referred to as a conscious pain and suffering claim. These claims allow the jury to award damages for the pain and suffering experienced by the person prior to death. Under the law, this award belongs to the estate and is distributed after recovery according to the terms of the Will or if there is not a Will, then based upon a formula provided under what are referred to as the laws of intestacy. If you would like to discuss these claims further, fill out the contact us form and our intake coordinator will call you to take your information.
What should you do if a loved one is killed?
It is generally true for any type of case that the earlier an investigation is done the better. However, this is particularly true in a death case where the version of events of the person who is killed is obviously unavailable and proof must be established through other witnesses, who may leave the area or will forget details the longer time goes by. So, if you have any questions about a potential wrongful death claim, it makes sense to contact an experienced trial attorney like those at Faraci Lange who are listed in Best Lawyers in America and have handled thousands of these cases over the years for families in Monroe, Wayne, Ontario, Livingston, Steuben, Yates, Genesee Counties and throughout Western New York.