Schenectady Wrongful Death Attorney
Wrongful death is one that occurs because of another party’s wrongful act. Such acts can be committed carelessly or intentionally. When a wrongful death occurs, a victim’s family can face emotional distress and financial hardship.
There are several types of damages available to families in wrongful death lawsuits. However, these cases must be filed by the personal representatives of the deceased. There are numerous rules and requirements that must be adhered to when filing wrongful death claims.
If your loved one suffered a wrongful death in Schenectady, get help pursuing the financial compensation available to you. Contact our experienced Schenectady wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Who Can File a Wrongful Death Lawsuit in Schenectady?
Under E.P.T. Law § 5-4.1, a wrongful death lawsuit in Schenectady must be filed by the personal representative of the deceased. E.P.T. Law § 1-2.13 defines a personal representative as the person who has received letters to administer the estate of the decedent. In other words, a personal representative is the person who was appointed to be in charge of an estate.
Courts in Schenectady will not allow a family member to file a wrongful death lawsuit unless that family member has been named as the victim’s personal representative. Potential plaintiffs can contact our Schenectady wrongful death lawyers for guidance and support when filing a case.
Evidence Used to Prove Fault in a Schenectady Wrongful Death Lawsuit
In order for your wrongful death lawsuit to succeed, you must show that a death was caused by the defendant’s negligent or intentional conduct. There are many types of evidence that can be used to establish fault. The following are examples of evidence frequently used by our Schenectady wrongful death lawyers:
Accident Reports
After an accident, an official report may be drafted that points to an incident’s root cause. For instance, after an auto accident, a police officer will visit the scene of a crash to create an accident report. Furthermore, after a slip and fall injury at a grocery store, an accident report may be submitted by employees who were working at the time.
These reports will typically contain observations from the scene of an accident as well as statements from parties involved. Accordingly, accident reports can be very helpful when proving fault for an accident. Our Schenectady wrongful death lawyers can help obtain relevant accident reports in your case.
Witness Statements
Witness statements are also a common type of evidence used to prove fault in wrongful death lawsuits. Witnesses can help explain the events that unfolded before, during, and after an accident. Accordingly, statements from witnesses can help establish why an accident occurred.
For example, eyewitnesses on a construction site can help explain how a worker’s negligent operation of a forklift lead to another contractor’s crush injury. Witness statements can be submitted in either oral or written form. After an accident that causes a wrongful death, contact information for any potential witnesses should be obtained.
Surveillance Footage
Furthermore, surveillance footage can be very useful when proving fault for a wrongful death. Traffic cameras and security cameras can also be used to show why an accident occurred. For example, traffic camera footage can be used to show that a truck driver ran a red light before causing a fatal accident.
However, gathering surveillance footage can be a difficult process. Parties in control of such evidence may not act cooperatively. You can contact our experienced Schenectady wrongful death lawyers for help collecting pertinent surveillance footage in your case.
Expert Witness Statements
Statements from expert witnesses are often used to establish fault. Expert witnesses are considered experts because of their education, training, and experience. These witnesses can help explain complicated theories regarding why a death occurred. For example, after a wrongful death caused by a defective product, an engineering expert may be called to explain how the product’s design was dangerous. Additionally, after a fatal car accident, an accident reconstruction expert may be called to establish why a crash occurred.
Expert witness testimony can be a very valuable tool. Our attorneys can help summon the right experts to prove fault in your case.
Physical Evidence
Furthermore, physical evidence from the scene of an accident may also be used to prove fault in a wrongful death lawsuit. For instance, opened beer bottles from the scene of an auto accident can be used to show that an at-fault driver was drunk at the time of a crash.
However, some items may be difficult to preserve or bring into court. Accordingly, other means of evidentiary documentation are permitted.
Photos from the Scene of an Accident
Photos from the scene of an accident are also a common type of evidence used to prove fault. Photos or videos can be used to document conditions that contributed to a death. For example, photos showing a dimly lit staircase on a construction site can be used to show that an employer failed to replace a light bulb, leading to a fatal fall. Furthermore, photos of a crushed vehicle from the scene of a car crash can be used to show that a defendant driver caused a death by travelling at excessive speeds.
Personal Recollections
Lastly, personal recollections are often used to prove fault. Wrongful death lawsuits can take months to years to complete. Defendants and their insurers may employ various tactics to delay the settlement of your claim. Accordingly, important details regarding the circumstances of an accident can be forgotten.
Victims’ families should attempt to record any details regarding their loved ones’ accidents before their memories fade. These recollections can be valuable to our Schenectady wrongful death lawyers when assigning and proving fault.
If Your Loved One Suffered a Wrongful Death in Schenectady, Our Lawyers Can Help
If your loved one suffered a wrongful death, seek assistance from our experienced Schenectady wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.