The sudden loss of a family member due to negligence creates immediate financial and legal instability. Stanley Law Offices provides the aggressive legal intervention required to secure your family’s future. As your Rochester wrongful death lawyer, we enforce the New York Estates, Powers and Trusts Law (EPTL) to hold negligent parties accountable for the fatal consequences of their actions.
Under EPTL Section 5-4.1, the right to file a lawsuit belongs exclusively to the personal representative of the deceased’s estate. While the representative files the claim, the damages recovered belong to the statutory distributees, typically the surviving spouse, children, or parents.
We operate on a contingency fee basis; you pay no legal fees unless we secure a verdict or settlement.
Call (800) 608-3333 now. We determine your eligibility to file and demand the pecuniary damages your family is owed.
Legal Support for Wrongful Death Claims in Rochester, New York
Winning a wrongful death lawsuit in New York requires more than just showing that a tragedy occurred; the plaintiff must prove that negligence directly caused the fatality. Our attorneys at Stanley Law Offices manage the entire procedural burden, from the initial filing in the Surrogate’s court to the final verdict.
Our legal strategy includes:
- Establishing the Burden of Proof: We utilize accident reconstruction experts and medical specialists to prove that the defendant breached their duty of care, directly resulting in death.
- Forensic Financial Analysis: We retain forensic economists to calculate the total pecuniary loss, including the value of the deceased’s lost future wages, benefits, and household services.
- Estate Administration Assistance: We guide the Personal Representative through the legal requirements of appointing an administrator to ensure standing to sue.
- Identifying All Liable Parties: We investigate beyond the immediate cause to find corporate entities, municipalities, or manufacturers who share liability for the accident.
- Countering Insurance Defense: We aggressively rebut attempts by insurance carriers to shift blame onto the deceased (comparative negligence) to devalue the claim.
We do not just “manage paperwork”; we build a fortress of evidence to demand the maximum statutory compensation for the estate and its heirs.
Common Wrongful Death Cases We Handle in Rochester
Wrongful death claims in Upstate New York are not accidents; they are the direct result of a breach of duty. Stanley Law Offices establishes liability by proving that the defendant’s negligence or statutory violation caused the fatality.
We litigate wrongful death claims arising from:
- Motor Vehicle Negligence: Fatal crashes caused by speeding, distracted driving, or drunk driving. We hold drivers responsible for breaking New York Vehicle and Traffic Laws.
- Medical Malpractice: Deaths caused by preventable medical mistakes, such as surgical errors, medication overdoses, or a failure to diagnose a serious illness.
- Construction Accidents: Fatal falls, equipment failures, and trench collapses that violate New York Labor Law.
- Nursing Home Abuse and Neglect: Fatalities resulting from poor care, such as malnutrition, dehydration, or untreated bedsores.
- Defective Products: Claims against manufacturers for deaths caused by dangerous medications, faulty car parts, or unsafe machinery.
- Premises Liability: Fatal falls, drownings, or security failures on unsafe property.
We identify exactly who is at fault to demand the maximum compensation for your family.
Compensation Available in Wrongful Death Lawsuits
New York’s Estates, Powers and Trusts Law (EPTL) Section 5-4.3 governs what a family can recover after a fatal accident. Stanley Law Offices works with forensic economists to calculate the full value of both economic and non-economic losses to ensure the estate receives maximum restitution.
We demand compensation for:
- Economic Damages (Pecuniary Injuries):
- Loss of Financial Support: The total wages, benefits, and pension the deceased would have earned over their remaining work life.
- Medical Expenses: Costs incurred for the deceased’s final illness or injury prior to death.
- Funeral and Burial Costs: Reimbursement for all end-of-life expenses.
- Loss of Services: The monetary value of household chores, childcare, and maintenance the deceased provided.
- Loss of Parental Guidance: The economic value of the nurturing, education, and guidance a parent would have provided to their children.
- Loss of Inheritance: Assets the beneficiaries would have likely inherited had the victim lived a full life.
- Non-Economic Damages (Survival Action):
- Conscious Pain and Suffering: Compensation for the physical pain and agony the victim endured between the moment of the accident and the time of death.
- Pre-Impact Terror: Damages for the fear the victim experienced in the moments immediately preceding the fatal accident.
While New York law strictly limits recovery for family grief, we utilize every legal avenue, including Survival Actions, to secure the financial stability of the surviving spouse and children.
What to Expect When You Contact Our Wrongful Death Lawyers
Contacting a lawyer after a tragedy is a difficult step. Our wrongful death lawyers ensure that your initial consultation is a supportive, informative, and professional experience. We provide a clear assessment of your legal standing without any financial obligation.
During your confidential review, you will receive:
- Compassionate Intake Review: You will speak with a trained legal intake specialist who listens to your story and gathers critical details about the accident and your family’s loss.
- Fact Gathering: We collect essential information regarding the date of the incident, the parties involved, and the potential cause of death to prepare the file for attorney analysis.
- Attorney Case Evaluation: Once your information is documented, our wrongful death attorneys review the facts to determine if actionable negligence or statutory violations occurred.
- Statutory Eligibility Check: We verify preliminary details to ensure you meet the criteria to file as a Personal Representative under New York law.
- Risk-Free Guidance: We explain our contingency fee structure, you pay nothing upfront, and we only earn a fee if we accept your case and secure a settlement or verdict.
You will leave the consultation with a clear understanding of your options and the precise next steps required to protect your family’s future. Call 800-608-3333 now to schedule your appointment.
Why Families in Rochester Choose Stanley Law Offices
Wrongful death litigation requires specific trial credentials to challenge insurance carriers and corporate defendants. Families across Monroe County choose Stanley Law Offices because we possess the courtroom experience required to enforce New York Estates, Powers and Trusts Law (EPTL).
Our qualifications include:
- 90+ Years of Combined Experience: We rely on decades of trial practice to navigate complex wrongful death and negligence claims.
- Board Certification: Our team includes attorneys Board Certified in Civil Trial Law, a distinction held by a select percentage of trial lawyers in New York.
- Local Court Authority: We possess deep familiarity with the Monroe County Supreme Court, local judges, and the defense tactics used by Rochester insurance firms.
- Attorney-Led Strategy: Your case is managed directly by a litigation attorney, ensuring that legal strategy is driven by experience rather than administrative staff.
- Contingency Fee Structure: We operate on a strict contingency basis. You pay zero legal fees unless we secure a verdict or settlement in your favor.
From the initial Surrogate’s Court filing to the final judgment, we provide the aggressive advocacy necessary to secure your family’s financial future.
Call 800-608-3333 now. We are ready to review your case.
Talk to a Trusted Wrongful Death Lawyer Near You in Western New York
Time is the most critical factor in preserving a wrongful death claim. Evidence disappears, and strict statutes of limitations in New York can permanently bar your right to recovery. Stanley Law Offices acts immediately to secure the evidence required to protect your family’s financial future. Contact our team today to receive:
- Eligibility Confirmation: Verification that you have the legal standing to file as a Personal Representative.
- Damages Analysis: An initial assessment of the potential economic and non-economic losses available to the estate.
- Procedural Roadmap: A clear explanation of the steps required to file in Surrogate’s Court.
- Zero-Risk Representation: We represent families on a contingency fee basis, you pay no attorney fees unless we win.
Do not navigate the legal system alone. Call 800-608-3333 or submit our contact form to start the investigation. We represent families across Rochester, Monroe County, and the entire Western New York region.
