Upstate New York Wrongful Death Attorneys
The loss of a human life, especially when it is caused by another individual’s
negligence, simply cannot be excused. In the case that the death under
consideration was the result of an individual’s negligence, he or
she must be held accountable for the consequences for their actions. The
loss of a loved one is extremely difficult for a family to deal with,
especially if the death was unexpected. In addition to the emotional consequences
of such an occurrence, a death can also cause considerable financial strain
on the family. It may, in certain cases, result in a significant loss
of income for the family coupled with expensive medical bills.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the
emotional and physical strain caused by death. While we can do little
to alleviate the sense of loss, we can attempt to ease your transition
by securing a deserved compensation on behalf of the deceased in court.
In the case that the death of your loved one occurred due the negligence
of another, you might have grounds for a valid wrongful death lawsuit.
Nature of Compensation
Wrongful death claims are specific to cases in which the death occurred
due to another individual or party’s negligence. According to the
common law negligence principles applied in these cases, the allegedly
responsible party can be found liable if it can be proven that the death
was caused due to the party’s failure to exercise reasonable care
under the circumstances of the incident. A wrongful death can occur through
various types of accidents including automobile accidents, construction
accidents and medical malpractice.
New York State has fairly restricted and nuanced laws in place when it
comes to wrongful death claims. Thus, the caliber of your attorney is
of the utmost importance. One of the most striking limitations if that
New York is one of the few minority states that does not permit monetary
compensation in lieu of the emotional distress suffered by the family
of the victim. At Queller, Fisher, Washor, Fuchs & Kool we believe
these laws to antiquated and unfair and are in a constant effort to lobby
the New York legislature to amend them and allow for monetary compensation
for the emotional distress caused by a loved one’s death. The
zone of danger rule is another one of New York State’s nuanced statutes surrounding
wrongful death claims. This is an exception to the general rule, which
precludes compensation for negligent infliction of emotional distress.
This exception applies if a family member was present and/or witnessed
the death of the victim. In such situations, because the family member was in
zone of danger he or she is entitled to monetary compensation for the emotional distress
caused by the negligence actions fo the Defendant.
Wrongful death cases in New York states are governed by The New York Estates,
Powers and Trusts Laws (EPTL). Section 5-4.1 of the EPTL is entitled "Action
by personal representative for wrongful act, neglect or default causing
death of decedent." This statute authorizes a representative of the
estate (usually a surviving family member) to bring a legal action for
wrongful death. In simpler terms, a family member is customarily appointed
administrator of the decedent's estate and is in effect the Plaintiff
bringing the lawsuit. However, it should be noted that the person appointed
administrator is not determinative of how much compensation the they or
other family members may be entitled to as a result of the death of a
loved one. Section 5-4.3 of the EPTL governs the type of losses that can
result in monetary damages in a wrongful death lawsuit. The statute is
a pecuniary loss statute, which means that all allowable damages under
this statute are limited to, and measured by, economic loss.
The most common examples of economic loss involve the death of a loved
one that financially supported the family. In such cases, our firm will
retain and economic expert to ascertain the economic loss sustained by
the next of kin as a result of the victim’s death. This process
does not simply involve the accumulation of foregone wages, but also takes
in to account annuity and medical benefits in addition to pension payments.
Additionally, the personal consumption of the deceased must also be deduced
since the loss to entire family is the income of the deceased less any
amount they would have personally consumed. It is imperative that an estimate
is presented in Court in order to avoid the Defendant’s attempts
to distort the figures and mar credibility.
Although The Estates, Power and Trust Laws restrict compensation to economic
and pecuniary losses, a family’s economic loss can be measured in
ways other than the deceased’s income. For example, there is an
economic value of the loss of services of the decedent to the surviving
spouse. A jury can evaluate such services and assign an economic loss
to it, which serves as a measure of economic damages that can be recovered
by the surviving spouse. Similarly, if the decedent had children, there
is an economic value that can be attributed to the loss of parental guidance
the child is forced to forgo. In such cases, monetary compensation is
heavily dependent upon the age of the child. For example, a younger child
is entitled to a greater compensation than an older one.
The family of the deceased individual may also be able to recoup compensation
for our firm usually retains forensic experts whose job is to determine
the length and nature of the pain and suffering involved. It is extremely
important to thoroughly and meticulously prepare a wrongful death case
and to hire appropriate experts for areas of potential loss.
Elements of a Wrongful Death Lawsuit
In order to have grounds for a wrongful death lawsuit it must be illustrated
that the responsible party acted negligently. For the responsible party
to act negligently, they must have violated their duty of care. Duty of
care if the legal obligation an individual or party has to proceed with
caution and according to certain accepted standards whilst performing
acts that could be potentially harmful to others. Additionally, it must
be proven that the responsible party’s negligence directly caused
the death. Lastly, it needs to be demonstrated that the victim’s
death resulted in economic and non-economic damages.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool handles all
forms of wrongful death claims including, but not limited to:
- Premises liability
- Medical Malpractice
- Construction Accidents
- Vehicle Accidents
- Police brutality
Upstate New York - Infant Death Attorneys
Parents have a natural instinct to care for and protect their children.
Consequently, following the wrongful death of their child, parents may
feel extremely helpful as well as justifiably angry. The attorneys at
Queller, Fisher, Washor, Fuchs & Kool have been helping parents hold
negligent parties accountable for the death of their child for over five
decades. While we understand that no amount of monetary compensation can
bring back your child, there is some measure of comfort achieved by ensuring
that your child attains justice. Additionally, it is imperative that negligent
individuals may be held accountable for their actions so that such a tragedy
can be prevented from occurring in the future.
Causes of Fatal Birth Injuries
Medical malpractice during prenatal care, birth or postnatal care can result
in the death of an infant. Some common birth injuries and instances of
- Forceps damage to the skull and brain
- Brain damage
- Oxygen deficiency
- Intraventricular hemorrhage
- C-Sections errors
- Hypoxis-anoxis encephalopathy
- Failure to perform a C-section
- Medication errors
The attorneys at Queller, Fisher, Washor, Fuchs & Kool will wok with
medical experts to review the medical records of your child and conduct
an investigation to determine the cause of your child’s death. Depending
on the results of the investigation, your family may be eligible to receive
compensation for medical bills, pain and suffering, funeral expenses and
the loss of a loved one.
Upstate New York - Accidental Death and Dismemberment Attorneys
The loss of a loved one is an extremely tragic and trying experience for
his or her loved ones. However, when the death is sudden and unexpected,
the trauma and grief experienced by the family can increase exponentially.
The death of a loved one caused by the negligence of another individual
or party can caused the family to experience significant emotional and
In the case that you have lost a loved one to wrongful death, you will
require the assistance of a law firm with skill and reputation to represent
you in Court. Queller, Fisher, Washor, Fuchs & Kool has been representing
wrongful death victims for over fifty years and our attorneys pursue each
case with the compassion and attention it deserves.
There are serious financial consequences associated with an accidental
death. Our firm will retain experts to determine the compensation that
you will require to cover your expenses. We will work with the experts
to deduce the loss of the victim’s future earnings as well as the
family’s future expenses. Compensation may cover loses such as:
- Medical bills
- Funeral costs
- The loss of a loved one/emotional trauma
- Pain and suffering sustained by the victim, when appropriate
- Lost wages
Our attorneys also assist victims that have suffered an accidental dismemberment
such as the amputation of an arm, leg or foot. This type of permanent
disability will incur significant medical costs. The victim an his or
her family deserve compensation for medical bills, pain and suffering
and lost income.
People who are faced with an accidental dismemberment or death will require
expert legal representation in order to obtain compensation from the negligent
party as well as from their own insurance company. At Queller, Fisher,
Washor, Fuchs & Kool our attorneys are very well experienced in this
particular field of litigation and take on negligent actors and entities
and insurance companies on a daily basis.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
Our cases are taken on a contingent fees basis, that is no compensation
is recovered from you unless and until we are able to secure a favorable
verdict. In which case, our legal fees will be a mere fraction of the
amount that our firm has secured on your behalf.
In order to avoid any conflicts with the statute of limitations it is imperative
that concerned individuals contact an attorney today. The statute of limitations
is legislation that limits the time period within which a victim can bring
forth a wrongful death claim against the allegedly responsible party.
For wrongful death claims, the statute of limitations is usually two years.
Failure to file a lawsuit within the designated time period results in
the victim being forever barred from attaining justice and compensation
for the damages that they have sustained. At Queller, Fisher, Washor,
Fuchs & Kool our attorneys are familiar with the time constraints
and process all cases in a timely manner in order to avoid any issues.
If your loved one has suffered from a wrongful death that might have occurred
due to the negligence of another, you might have grounds for a valid wrongful
death lawsuit. Contact the New York law office of Queller, Fisher, Washor,
Fuchs & Kool today at (212)-406-1700 to schedule a free consultation
and discuss your legal options.