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Wrongful Death Attorney in Schenectady, NY

wrongful death

The sudden loss of a loved one is among the most devastating experiences an individual can live through, especially when their death results from someone else’s negligence or wrongful actions. During this time of grieving, you shouldn’t have to worry about wrapping your head around complicated legal processes. Dalmata, Maloy, & Burke, LLP, offers compassionate, experienced legal representation to families throughout New York’s Capital Region who have lost loved ones due to others’ carelessness.

Our Schenectady wrongful death lawyers understand the weight of the hardships you’re facing, and we’re committed to helping you seek justice and compensation for your loss. Contact DMB Legal today for a free consultation and let us fight for the accountability and closure your family deserves. You pay nothing upfront for us to begin working on your case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Wrongful Death Claim

The aftermath of an unexpected death can touch every aspect of a family’s life. It can be hard to imagine how financially unstable families can become after losing someone important to them. A wrongful death claim allows bereaved individuals to secure the financial help they need at this pivotal moment. However, insurance companies often try to minimize payouts or deny responsibility altogether.

DMB Legal knows how to level the playing field by providing experienced legal representation during this vulnerable time. When you choose a Schenectady wrongful death attorney from our law firm, we can:

  • Conduct a thorough investigation to determine liability
  • Gather and preserve the evidence you need for a solid case
  • Interview witnesses and consult with experts
  • Calculate the full extent of your economic and non-economic losses
  • Handle all communications with insurance companies
  • Negotiate aggressively for maximum compensation
  • Prepare your case for trial if the insurer won’t offer a fair settlement
  • Provide compassionate support throughout the entire process
  • Never charge you anything unless we successfully resolve your case

Our reputation for trustworthiness and determination has made us a leading wrongful death law firm in the Capital Region. We take pride in our personal approach to legal representation, and we will never treat you like just another case number. You’ll work directly with experienced attorneys who will guide you through every step of the process while you focus on healing.

Reach out to DMB Legal today to schedule your free, confidential case review and discover the difference we can make for your wrongful death lawsuit.

Who Can Be Held Liable for a Wrongful Death?

A wrongful death lawsuit can be brought against any person, company, or entity whose actions or failure to act caused someone’s death. In some circumstances, multiple parties might share responsibility.

Parties who could be liable in a wrongful death case include:

  • Negligent drivers who cause fatal car accidents
  • Medical professionals who commit malpractice
  • Property owners who fail to maintain safe premises
  • Product manufacturers who create defective or dangerous products
  • Employers who violate safety regulations
  • Government entities responsible for hazardous public conditions
  • Individuals who commit intentional acts of violence

At DMB Legal, we can undertake a comprehensive investigation of your case to identify all potentially responsible parties. This comprehensive approach enables us to explore all potential sources of compensation for your family’s loss. Our experienced attorneys have the knowledge and resources to build strong cases against even the most powerful defendants. Contact us today for a free, no-obligation consultation.

What Types of Compensation Could Be Available in a Wrongful Death Lawsuit?

The money you receive in wrongful death compensation can never replace your loved one or take away the pain you are feeling. However, it can help provide financial stability and acknowledge the impact of your loss. The New York wrongful death statute allows families to recover various damages, such as the following:

  • Funeral and burial expenses
  • Medical costs connected to the final injury or illness
  • Lost wages and benefits the decedent would have earned
  • Loss of inheritance
  • Loss of parental guidance and nurturing for surviving children
  • Loss of support and services that the deceased provided to family members
  • The deceased’s pain and suffering before death (through a survival action)

The reputable attorneys at DMB Legal work with economic experts and other specialists to accurately calculate the full value of your claim. We understand the financial impact extends far beyond immediate expenses, and we’ll fight to secure compensation that truly reflects your family’s long-term losses.

Contact us today to schedule your free, confidential case evaluation with an experienced wrongful death attorney in Schenectady.

How Long Do I Have to File a Wrongful Death Lawsuit in New York?

The New York wrongful death statute of limitations generally allows two years from the date of death to file a lawsuit. However, this timeline can differ depending on the circumstances of the death and the parties involved. Important timeline considerations include the following:

  • Medical malpractice cases may have a 5-year deadline.
  • Claims against government entities require a Notice of Claim within 90 days.
  • If a criminal case is involved, the statute may be extended.
  • Claims involving minors may have different deadlines.

Missing these critical deadlines can permanently bar your right to compensation. DMB Legal understands the importance of acting promptly while respecting your need to grieve. Our dedicated attorneys will protect your legal rights by filing all necessary documents on time, while also providing the compassionate support you need during this challenging period.

How Are Wrongful Death Settlements Paid Out?

Many grieving families who are eager to overcome their financial difficulties wonder, “How are wrongful death settlements paid out?” This question is crucial for families pursuing a claim. The distribution process is governed by specific rules under New York law. Typical payment structures include the following:

  • Lump-sum payments, in which the entire settlement amount is paid at once
  • Structured settlements, where payments are made over time according to a predetermined schedule
  • Trust arrangements, where funds are placed in a trust for minor children or other beneficiaries

The settlement is typically paid to the estate’s personal representative, who then distributes the funds to eligible beneficiaries in accordance with New York law. Distribution is based on the relationship to the deceased and financial dependency, not necessarily according to the deceased’s will.

DMB Legal can help explain how these distributions work in your specific situation and make sure the settlement is structured to provide maximum benefit to your family. Our attorneys will guide you through this process with personal attention to your family’s unique needs. Contact us today to learn more about your legal options.

What Do You Have to Prove in a Wrongful Death Case?

Building a successful wrongful death case entails establishing specific legal elements. Our experienced attorneys know exactly what evidence is needed to prove each component. To prevail in a wrongful death claim, you must establish the following:

  • The defendant owed your loved one a legal duty to act reasonably.
  • The defendant failed to meet this standard of care.
  • This breach directly caused your loved one’s death.
  • Your family suffered financial and/or emotional losses as a result.

DMB Legal will gather the necessary evidence to prove each element, including medical records, accident reports, witness testimony, expert opinions, and financial documentation. Our thorough approach to case preparation has resulted in numerous successful outcomes for families throughout New York’s Capital Region.

Who Can File a Wrongful Death Lawsuit in New York?

The state has specific rules about who can bring a wrongful death action. Understanding who qualifies as wrongful death beneficiaries in New York is essential to pursuing your claim. The order is as follows:

  • Only the personal representative of the deceased’s estate can file the lawsuit.
  • The personal representative brings the action on behalf of eligible beneficiaries.
  • Eligible beneficiaries typically include spouses, children, and parents.
  • Other family members may qualify if they were financially dependent on the deceased.

While the personal representative files the claim, the compensation is intended to benefit the deceased’s distributees (those who would inherit under New York law if there were no will). DMB Legal can help determine who should serve as the personal representative and ensure all eligible beneficiaries are properly represented in your case.

What Are the More Common Wrongful Death Cases?

Wrongful death can result from many different circumstances. Each New York wrongful death lawyer at DMB Legal has extensive experience handling cases across a wide range of scenarios. Common causes of wrongful death include the following:

No matter how your loved one’s death occurred, if another party’s negligence or wrongful actions were the cause, DMB Legal has the knowledge and resources to help you seek justice. Get in touch with us today to set up your free, no-obligation consultation with our wrongful death law firm in Schenectady.