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Key Details: Albany wrongful death cases
Losing a loved one due to someone else’s negligence is devastating. While no amount of compensation can replace what you’ve lost, holding the responsible party accountable can provide financial security and a sense of justice during an incredibly difficult time.
The compassionate Albany wrongful death lawyers at Seraj Law are here to guide your family through the legal process and fight for the compensation you deserve.
After the sudden loss of a family member, the last thing you want to think about is legal action. However, waiting too long to act can jeopardize your family’s right to compensation, and navigating a wrongful death claim alone can feel overwhelming.
Insurance companies and defendants often exploit grieving families who don’t have legal representation. They may offer quick, lowball settlements or use complex legal tactics to minimize their liability.
Working with an experienced wrongful death attorney helps protect your family’s interests during this vulnerable time.
Under New York law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the court if there is no will.
However, the damages recovered are distributed to the surviving family members, known as distributees. These typically include the surviving spouse, children, parents, and sometimes siblings or other relatives, depending on who survives the deceased.
If your family needs to pursue a wrongful death claim, our attorneys can help navigate the process of establishing an estate and identifying the appropriate personal representative.
New York law allows surviving family members to recover compensation for both the financial and emotional impact of losing a loved one. Wrongful death damages fall into several categories.
Economic damages compensate for the measurable financial losses your family has suffered. They are also called “actual” damages, and include any expenses that can be tracked with receipts.
Non-economic damages address the profound emotional and relational losses that cannot be measured by financial receipts.
In cases involving extreme recklessness or intentional misconduct, courts may award punitive damages. These are not meant to compensate the family but to punish the wrongdoer and deter similar conduct in the future.
New York does not impose a statutory cap on punitive damages, meaning significant awards are possible in egregious cases. The state also does not require split-recovery, so the full amount goes to the family rather than being shared with the government.
Wrongful death claims arise when someone’s negligence, recklessness, or intentional actions cause another person’s death. Common scenarios include the following.
New York imposes a two-year statute of limitations for wrongful death claims, running from the date of death rather than the date of injury. Missing this deadline typically means losing your right to file a lawsuit entirely.
However, certain exceptions may apply. If the death was caused by a government entity, you must file a notice of claim within 90 days of the incident and bring suit within one year and 90 days.
Additionally, if the deceased has a separate survival action for pain and suffering experienced before death, that claim follows a three-year statute of limitations from the date of injury.
Given these complex and strict deadlines, consulting with an attorney as soon as possible after your loss is essential to preserve your family’s legal rights.
Your family should not have to bear the financial burden of someone else’s negligence while grieving the loss of a loved one. The dedicated Albany wrongful death attorneys at Seraj Law are committed to fighting for the justice and compensation your family deserves during this difficult time.
Contact us today at (518) 941-8579 for a free, confidential consultation. We will listen to your story, explain your legal options, and help you take the first step toward holding the responsible parties accountable.
A wrongful death claim compensates surviving family members for their losses, such as lost financial support and loss of companionship. A survival action, by contrast, belongs to the deceased’s estate and seeks damages the deceased could have claimed if they had survived, including pain and suffering experienced before death.
In New York, both claims are often pursued together.
The timeline varies significantly depending on case complexity. Straightforward cases with clear liability may settle within several months through negotiation.
However, complex cases involving disputed fault, multiple defendants, or extensive damages often take one to three years or longer, especially if the case proceeds to trial.
New York follows a pure comparative negligence rule, meaning your family can still recover damages even if your loved one shared some fault. However, the compensation is reduced by their percentage of responsibility.
For example, if your loved one was 20% at fault and damages totaled $500,000, your family would recover $400,000.
Yes, wrongful death claims are civil matters separate from criminal prosecution.
The standard of proof is lower in civil cases, requiring only a preponderance of evidence rather than proof beyond a reasonable doubt. This means families can successfully recover damages even if criminal charges are not filed or result in an acquittal.
Critical evidence includes the death certificate, autopsy reports, medical records, police or accident reports, photographs from the scene, witness statements, and documentation of your loved one’s income and financial contributions.
Evidence of the emotional bond and relationship between the deceased and surviving family members also supports non-economic damage claims.
