Wrongful Death Lawyer
Losing a loved one due to someone else’s careless or reckless actions can be a devastating experience. While your family is dealing with grief and frustration over what happened, you may also face financial struggles, legal questions, and uncertainty about your future. Our wrongful death lawyers can help you get through this difficult time with compassionate guidance and legal support.
Call 800-529-1010 or contact our team online to schedule a free consultation. We can discuss your situation and offer guidance on your options to hold the wrongdoer accountable.
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Why Choose Harding Mazzotti, LLP?
At Harding Mazzotti, LLP, we have over 30 years of experience helping grieving families take legal action after losing a loved one in a preventable accident. While we approach these cases with kindness and sensitivity, we also offer aggressive representation to protect our clients from unfair insurance companies.
With over 40 attorneys and 120 support staff, our clients benefit from the resources and reach of a large firm while still receiving the personal attention of a smaller practice. We focus on providing each client with an exceptional level of service and unwavering legal advocacy they can depend on throughout the claims process.
If you believe your loved one’s death was caused by negligence, we’re ready to help. We can demand compensation for the struggles you’ve faced, which can help support you and your family. Our team has recovered over $1 billion in settlements and verdicts, securing results that make a difference.
What Is Wrongful Death?
Wrongful death is a legal term used when a person passes away because of someone else’s mistake, carelessness, or intentional act. While no legal process can replace a loved one, these claims are designed to help families find some peace by holding the responsible party accountable and providing financial support for the future.
To have a wrongful death case, you must establish these elements:
- The loss of a loved one: An unexpected death has occurred.
- Someone else was at fault: The death happened because a person or company didn’t act with the care they should have.
- A clear connection: You can show causation or a direct link between that person’s actions and the loss of your loved one.
- Measurable impact on your life: You suffered damages, such as financial losses, lost companionship, funeral costs, or the loss of the income they provided for your family.
What Damages Can Be Recovered in a Wrongful Death Case?
In a wrongful death case, you may be entitled to compensation that addresses both the financial and emotional toll of your loss. This includes economic and non-economic damages that resulted from the death of your loved one.
Economic Damages
Economic damages are the financial losses or expenses related to the wrongful death, such as:
- Funeral and burial expenses
- The cost of medical care your loved one needed between their injury and death
- Loss of income and benefits
- Loss of household support and assistance
- Loss of possible inheritance for family members or dependents
Non-Economic Damages
Non-economic damages are the intangible or subjective suffering caused by your loss, which may be available in some cases. These losses may include:
- Pain and suffering your loved one experienced between their injury and death
- Loss of parental guidance
- Loss of companionship or consortium
- Grief, sorrow, or emotional trauma
However, the damages you can recover will depend on where you live. For example, New York does not allow certain non-economic damages, such as loss of consortium or mental anguish of surviving family members, in wrongful death cases.
Contact a wrongful death law firm in your area to discuss your claim and to see what restrictions may apply to your claim. An experienced attorney can review your case and possibly give you an idea of what compensation you can expect.
General Questions About Wrongful Death Claims
Losing a loved one is a painful experience, especially when it feels like their death could have been prevented. During such a challenging time, it is natural to seek answers and a sense of justice for the person you lost. Here are answers to questions our personal injury attorneys often get about wrongful death claims that may help you decide how to move forward:
Who Can Bring a Wrongful Death Claim?
Although state laws vary, it is typically the estate of the person who has died that brings the wrongful death case, and that estate is represented by either an Executor or an Administrator, on behalf of those who would inherit from the decedent’s estate.
If the person has died with a valid will, the Executor is named in that document. If a person dies without a Will, an Administrator must be appointed by a Surrogate’s Court in the county where the decedent lived. The attorneys at Harding Mazzotti, LLP, can help you with this process.
Some states will allow you to bring a wrongful death claim directly if you are a surviving spouse or child of the deceased, whereas others will permit more distant relatives to do so if there is no spouse or children. The advice of a qualified attorney that works in your jurisdiction is essential in determining who can bring a case for wrongful death.
Do You Have To Go to Court To File a Wrongful Death Claim?
No, you do not always have to go to a physical courtroom to file or resolve a wrongful death claim. In fact, most cases are settled out of court through negotiations. However, the process for filing a claim and the eligibility requirements for bringing a wrongful death lawsuit will vary by state.
Can You Pursue Both a Wrongful Death Claim and a Workers’ Compensation Claim?
Yes, you can often pursue both a wrongful death claim and a workers’ comp claim simultaneously. If the death occurred while performing work duties, workers’ compensation is a no-fault system that provides death benefits like funeral costs and partial wage replacement regardless of who caused the accident.
Wrongful death claims are filed against a negligent third party, such as a defective equipment manufacturer or a reckless driver. This allows you to seek damages not covered by workers’ comp, including certain non-economic damages.
These claims can be complex, especially when pursuing both at the same time. Contact our wrongful death claim attorneys to learn more about your rights, eligibility requirements, and possible next steps.
State-Specific Wrongful Death Resources
With legal offices in three states, we understand the local laws that can affect your wrongful death case. Below, you’ll find essential resources to help you protect your rights after the loss of a loved one.
New York Wrongful Death Resources
If your family member’s death happened in New York, here are important laws to know that may apply to your situation:
- Who can file a wrongful death claim in New York: In New York, the law is very specific and more restrictive than in other states. Only the personal representative, also called the executor or administrator, of the deceased person’s estate has the legal standing to file a wrongful death lawsuit on behalf of surviving family members.
- New York statute of limitations for wrongful death: You generally have two years from the date of your loved one’s death to file a wrongful death claim, which is shorter than the three-year deadline to file a personal injury claim.
- Wrongful death damages in New York: New York wrongful death damages primarily compensate for financial or pecuniary losses, with limited compensation available for non-economic damages. However, there is no cap on economic damages.
New York Wrongful Death Law Offices and Appointment Centers
We have offices and appointment centers throughout New York state and are available 24/7 to help with your wrongful death case.
Office Location
1 Wall Street
Albany, NY 12205
Office Location
173 Margaret Street
Plattsburgh, NY 12901
Office Location
40A Grove Street, Suite 220
Pittsford, New York 14534
Office Location
5046 Main Street
Manchester Center, VT 05255
Office Location
47 Maple Street 104 a
Burlington, VT 0540
Office Location
170 Main St,
Tewksbury, MA 01876
Office Location
670 Franklin St, 2nd Floor,
Schenectady, NY 12305
Office Location
286 Genesee St,
Utica, NY 13502
Vermont Wrongful Death Resources
When wrongful death occurs in Vermont, these are crucial laws and regulations that could impact your claim:
- Who can file a wrongful death claim in Vermont: State law requires wrongful death lawsuits to be filed by the personal representative of the deceased person’s estate, who then distributes any award to family members.
- Vermont statute of limitations for wrongful death: While there are some exceptions, the deadline to file a Vermont wrongful death claim in most cases is two years from the date of the death.
- Vermont wrongful death damages: Vermont law allows recovery of both economic and non-economic damages to compensate for losses resulting from a death.
Vermont Wrongful Death Law Offices
We have two convenient law offices in Vermont to help families throughout the state who have been affected by wrongful death.
Office Location
47 Maple Street 104 a
Burlington, VT 0540
Massachusetts Wrongful Death Resources
These state laws may affect your legal claim if you’re considering a wrongful death lawsuit in Massachusetts:
- Who can file a wrongful death claim in Massachusetts: Unlike other states, where family members can sue directly, Massachusetts law requires the personal representative of the deceased person’s estate to file the lawsuit.
- Massachusetts statute of limitations for wrongful death: In Massachusetts, wrongful death claims typically must be filed within three years from the date of the death.
- Massachusetts wrongful death damages: Massachusetts law allows family members of the deceased to recover both economic and non-economic damages resulting from their loss.
Massachusetts Wrongful Death Law Offices
If you suffered the unexpected loss of a loved one in Massachusetts and want to take legal action against the responsible party, connect with us at our Tewksbury location.
Office Location
170 Main St,
Tewksbury, MA 01876
Think BIG. Call The Heavy Hitters® at Harding Mazzotti, LLP
Because the statute of limitations for some actions is as short as two years from the date of the injury that led to the death, you must seek qualified legal counsel as soon as possible. That way, evidence can be preserved, and the recollection of any witnesses will still be fresh.
Our attorneys will evaluate your case and give you an idea of the type and amount of compensation that may be available to you, as well as the potential timeline for obtaining that compensation. We will also act on your behalf as your advocate, speaking with the at-fault party, their attorney, and any insurance companies so that you don’t have to.
Contact us today for a free case evaluation by calling 1-800-LAW-1010 (1-800-529-1010). We’re here 24 hours a day, seven days a week to take your call or use our convenient online contact form here.
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