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Wrongful Death

If someone you love has been killed because of a careless, reckless, dangerous, or otherwise negligent act on the part of another person, you are probably experiencing a flood of emotions—grief, pain, frustration, and anger. Many newly bereaved families find that they just don’t have the heart or the energy to undertake the various steps involved in filing a claim for wrongful death. This is where a compassionate and experienced attorney can step in to ease the burden, giving you and your family the time you need to work through the grieving process. Nothing can return your loved one to you, but you can hold the person who caused the wrongful death accountable for the damage that you and your family have suffered.

Steve Proudfoot and his associates at the Proudfoot law firm in Elmira understand that this is a difficult time and are available to handle the filing of a wrongful death claim on your family’s behalf.

New York Estates, Powers & Trusts Law

The New York Estates, Powers & Trust Law names the survivors who are entitled to recover damages in a wrongful death claim and states the legal requirements for a wrongful death action. Steve Proudfoot and his associates will see that a representative is appointed to bring the claim on behalf of the deceased person’s survivors against the person whose act or omission caused the death and who would have been liable to the deceased if the injury had not resulted in death. The distributees in a wrongful death action in New York follow the laws of intestacy (dying without a will). An exception is if there is a surviving spouse but no children. The deceased person’s parents are then able to recover financial damages.

The attorneys at Proudfoot Law are thoroughly familiar with the wrongful death statutes in both New York and Pennsylvania and are experienced in pursuing wrongful death claims arising from car accidents, defective products, medical malpractice, falls, and workplace accidents.

Let Proudfoot Deal with the Insurance Company

When a family member has been killed in an accident caused by another, if an insurance adjuster calls, do not agree to make a recorded or written statement or sign releases unless your attorney instructs you to do so. The insurance company is not on your side and will try to get information from you that they can use to reduce the value of your case. Refer all calls or attempts at contact from the insurance company to your attorney at  the Proudfoot law firm, who will handle the adjuster on your behalf. Attempting to negotiate with the adjuster yourself is never in your best interest in a wrongful death case.

Damages to Claim in a Wrongful Death Case

When applicable to your situation, your lawyer at Proudfoot Law will include the following damages in your family’s claim:

  • Emotional pain and suffering, loss of affection, protection, and companionship; loss of parental companionship, guidance, and instruction.
  • Chores and other household functions the deceased person would have  contributed
  • Financial support each claimant would have received from the deceased
  • Pain and suffering of the deceased between the accident and the time of death
  • Medical and funeral costs

Don’t Delay

Don’t risk losing your right to sue for wrongful death by waiting too long. Call the Proudfoot law offices today for a free consultation. Don’t worry about the cost of hiring a skilled and experienced personal injury and wrongful death lawyer, because we take cases on a contingency basis . You’ll never owe us fees or expenses until you receive a settlement check.