Niagara Falls Wrongful Death Attorney
A wrongful death is a death that results from another party’s intentional or negligent behavior. There are many potential sources of wrongful deaths. For instance, such deaths may occur because of car accidents, pedestrian accidents, construction site accidents, or accidents caused by defective products.
After a wrongful death, our attorneys can help the victim’s family pursue financial compensation. There are several categories of monetary damages that may be recovered from the at-fault party.
If your loved one was killed because of someone else’s negligence in Niagara Falls, get help building your case. Reach out to our Niagara Falls wrongful death attorneys today by calling The Carrion Law Firm at (718) 841-0083. Our experienced lawyers can review your case for free.
What is the Definition of “Wrongful Death” in Niagara Falls?
Under E.P.T. Law § 5-4.1, a wrongful death is one that results from someone else’s wrongful act, neglect, or default. In other words, it is a death that happens because of another person’s intentional or negligent conduct. There are many different types of accidents that may lead to such deaths. For example, the following are common causes of wrongful deaths in Niagara Falls:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Defective product accidents
- Construction site accidents
- Drowning accidents
After fatal accidents, victims’ families can contact our Niagara Falls wrongful death attorneys for help pursuing compensation.
Who Can File a Wrongful Death Lawsuit in Niagara Falls?
There are multiple parties who may be compensated for a wrongful death in Niagara Falls. However, according to E.P.T. Law § 5-4.1, lawsuits must be filed by victims’ personal representatives. A personal representative is the person who has received letters to administer a deceased person’s estate. Simply put, it is the person the victim chose to manage their assets and liabilities in the event of their death. If your loved one suffered a wrongful death, our attorneys can help find the right person to file the case.
Time Limit to File a Wrongful Death Lawsuit in Niagara Falls
The time limit to file a wrongful death lawsuit in Niagara Falls is also set forth by E.P.T. Law § 5-4.1. Generally, you will have two years from the date of a wrongful death to bring your case to court. Failure to comply with this deadline could cause you to forfeit your claim. Therefore, you should reach out to our Niagara Falls wrongful death attorneys as soon as possible after a fatal accident. Our team of experienced lawyers can help file your case on time.
Additionally, plaintiffs in wrongful death cases must present evidence to support their claims. However, evidence can become hard to gather and preserve as time goes on. The sooner you get in touch with out lawyers, the more easily we can collect the information required to support your case.
There are some exceptions to the standard, two-year statute of limitations for wrongful death claims. For instance, if your loved one’s death occurred because of medical malpractice, then the deadline to sue may be extended. During your free case review, our attorneys can explain how the statute of limitations will apply to your lawsuit.
Proving Fault for a Wrongful Death in Niagara Falls
In order for your wrongful death lawsuit to succeed, you must establish that the death at issue occurred because of the defendant’s negligence. There are several different forms of evidence that may be used to prove fault for a fatal accident. The following are common types of evidence utilized by our Niagara Falls wrongful death attorneys:
Witness statements can be very helpful when proving fault for a wrongful death. Eyewitnesses can offer either written or oral testimony that explains how accidents happened. For instance, a witness may state that they saw a driver run a red light before causing a deadly crash. Further, a witness may assert that a fatal slip and fall accident occurred because of ice accumulation on an outdoor staircase.
Therefore, you should always attempt to retrieve contact information for witnesses to a fatal accident if possible. After, our lawyers can offer support when reaching out for their statements.
Physical Evidence from the Scene
Physical evidence from the scene of a deadly accident may also be used to prove fault. For instance, pieces of broken glass from the scene of a collision may be matched with a motorist’s headlight to identify them as the at-fault driver. Furthermore, after a construction accident caused by defective safety equipment, the faulty product may be used to demonstrate how it contributed to the accident.
Still, some evidence may be hard to preserve or bring into court. In such cases, other forms of evidentiary documentation may be used.
Photos from the Scene
Photos from the scene of an accident are another type of evidence that may be used to prove fault for a wrongful death. First, photos from the scene may identify factors that contributed to an accident. For instance, photos of a badly damaged vehicle may be used to prove fault for a motorcycle crash.
Second, photos from the scene may be used to disprove defendants’ arguments. For example, a defendant may state that a deadly car crash occurred because of poor weather conditions. In that case, photos from the scene showing clear weather could discredit the defendant’s alternative theory of fault.
Our Niagara Falls wrongful death lawyers can help recover and review any photos taken at the scene of your loved one’s fatal accident.
Lastly, surveillance footage is a common type of evidence used to prove fault for wrongful deaths. Footage from nearby security cameras often helps explain the events that unfolded before, during, and after fatal accidents. However, parties in control of such evidence may not cooperate easily with plaintiffs. Our lawyers can help retrieve copies of pertinent surveillance footage in your case.
If Your Loved One Suffered a Wrongful Death in Niagara Falls, Our Lawyers Can Help
If your loved one was killed because of another party’s negligent conduct, seek assistance from our experienced Niagara Falls wrongful death attorneys by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.