Albany Wrongful Death Lawyer
Legal Representation After a Tragic Loss
Experiencing the loss of a loved one due to another person's negligence is an incredibly distressing and heart-wrenching situation for any family. Beyond the pain of grief, you must navigate the confusion and anger that arise in cases of wrongful death.
Wrongful death encompasses situations where someone's negligent actions result in another person's death. At Basch & Keegan LLP, our dedicated Albany wrongful death lawyers are committed to helping those left behind by negligence obtain the compensation they deserve.
While we understand that no amount of money can bring back your loved one, pursuing a wrongful death claim can alleviate the financial burdens that have arisen. Additionally, you may be entitled to compensation for non-economic damages.
What Constitutes Wrongful Death?
In New York, wrongful death is defined as a death caused by the wrongful conduct, negligence, or intentional harm of another person or entity.
When a person loses their life in an accident and is unable to pursue a personal injury claim, New York law allows the personal representative of the deceased person's estate to seek compensation from the party or parties responsible for the death. A personal representative of the deceased person's estate must be appointed to bring the wrongful death claim on behalf of the surviving family members or beneficiaries. The personal representative acts as the legal representative of the deceased person's estate and pursues the claim on their behalf.
To establish a wrongful death claim in New York, several elements must be established in these cases:
- Death: It must be shown that a person has died.
- Wrongful Conduct: The death must have been caused by the wrongful conduct, negligence, or intentional harm of another party. This can include actions such as reckless driving, medical malpractice, defective products, or intentional acts of violence.
- Cause of Action: The actions that caused the death should have given rise to a cause of action if the deceased person had survived. This means that if the deceased person had lived, they would have had grounds to pursue a personal injury claim against the responsible party.
- Loss and Damages: Surviving family members or beneficiaries must have suffered a loss as a result of the death. This can include economic losses, such as lost financial support, as well as non-economic losses, such as loss of companionship, emotional distress, and pain and suffering.
In successful wrongful death lawsuits, the personal representative receives the awarded amount on behalf of the deceased person's surviving family members, who are the intended recipients.
Wrongful Death Damages Cover Financial Losses and Support
A successful wrongful death claim allows the families of victims to cover various costs resulting from the loss of their loved one, such as funeral and burial expenses, as well as outstanding medical bills. Moreover, wrongful death settlements often provide compensation to account for the reduced financial support experienced after the death.
Settlements may replace the income previously provided by the deceased, cover childcare expenses, and provide for other necessary services in the absence of the deceased. Additionally, many wrongful death claims compensate for non-economic damages, including pain and suffering.
At Basch & Keegan LLP, our Albany wrongful death attorneys are dedicated to helping your family obtain the full compensation you deserve. We handle the legal process, allowing you to focus on grieving and healing from the loss of your loved one.
What Is the Average Wrongful Death Settlement?
Determining the precise amount of a wrongful death settlement in your specific case is challenging. On average, settlements can range anywhere from $500,000 to over $1 million. However, individual settlements may be higher or lower than this average. Many factors contribute to the final settlement amount, and working with a reliable wrongful death attorney in Albany, NY provides the best opportunity to secure the maximum compensation for the loss you and your family have endured.
The settlement amount is influenced by various factors, including:
- The age of the deceased
- The earning capacity of the deceased
- The deceased's health prior to death
- The deceased's income at the time of death
- The age and circumstances of dependents left behind
- The deceased's education and training
- Medical bills incurred by the deceased
- Funeral expenses
- Value of lost benefits
Filing a Wrongful Death Lawsuit in New York
Filing a wrongful death lawsuit or reaching a settlement involves several considerations. The first important element to consider is New York State's statute of limitations, which allows you only two years from the victim's death to file the lawsuit. This time limit is strictly enforced with few exceptions.
Although some cases may proceed to trial, the majority are resolved through settlements. However, it is important to remain patient as the settlement process can take several years. Our Albany wrongful death attorneys are skilled at expediting the case efficiently and effectively.
Don’t Hesitate. Contact Us Now!
If you have lost a loved one in an accident, Basch & Keegan LLP can help protect your family's rights. We handle complex matters, and we are dedicated to achieving the outcome you need and deserve. Our priority is to support you throughout the legal process while you grieve the loss of your loved one.
This firm will fight for you and get results! We cannot recommend them enough!
“Above everything, John and Katie showed genuine concern for me and my family. It’s clear how passionate John is about his work and doing what’s best for his clients.”
I will certainly recommend Maureen Keegan in the future!
“Throughout the 2+ years, Maureen Keegan continued to persevere on my behalf, contacting doctors, etc. and continually informing me of the status of my case.”
Helpful & Honest
“John was quick to respond, helpful and honest regarding my situation and the questions I had. Also easy to talk to which is always appreciated!”
Derek was extremely helpful and informative through every step of the way.
“Everyone in the firm was pleasant. Thank you for helping to achieve this victorious win! I highly recommend this amazing firm!”
Extremely helpful law firm and staff
“Extremely helpful law firm and staff...John and his staff nothing but the best.”
Here to Help Win the Fight
Backed by our experience and insight, we’ve become known for taking on the toughest claims. If you or someone you love has been injured by the negligence or wrongful acts of another, we’re here to help you fight for the justice you deserve.
HERE TO HELP Get Results
At Basch & Keegan LLP, we have the resources and experience to help victims level the playing field with even the most powerful adversaries – and we have the record of success to back it up.
HERE TO HELP When You’re Hurt
We serve as the support system you can rely on as you begin your recovery. We go the extra mile to ensure you can focus on getting better while we work on the legal aspects of your claim.
HERE TO HELP Regardless of Who You Ask
We place an emphasis on personal attention. This approach allows us to create legal strategies custom-tailored to each client’s unique circumstances and has earned us the respect of our peers.
HERE TO HELP The Community
Our Kingston-based lawyers have deep roots in the community and a lengthy history of giving back to Ulster County. When the community needs us, we are always here to help.