Utica Wrongful Death Attorney

Wrongful deaths are tragic and unexpected events.  Victims’ families can incur a wide range of economic and noneconomic damages.  Fortunately, compensation can be recovered through wrongful death lawsuits.

There are many types of accidents that can lead to wrongful deaths.  The legal strategies and analyses that apply to your case can depend on the type of accident that occurred.  A wrongful death lawyer can help victims’ families determine the appropriate route to compensation.

If your loved one suffered a wrongful death in Utica, get help recovering the monetary damages available to you.  Contact our experienced Utica wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.

When Do Wrongful Deaths Occur in Utica?

E.P.T. Law § 5-4.1 establishes that a wrongful death is one that occurs due to another person’s wrongful act, default, or neglect. In other words, a wrongful death is a death that happens because of another’s negligent or intentional act.  Our Utica wrongful death lawyers can help determine if your loved one’s passing constitutes a wrongful death.

There are several forms of negligent behavior that can lead to wrongful deaths.  Such accidents are usually traumatic and unexpected.  After fatal accidents, relatives of wrongful death victims can reach out to our team for guidance on their road to recovery.

How to File a Wrongful Death Lawsuit in Utica

According to E.P.T. Law § 5-4.1, a wrongful death lawsuit must be filed by the personal representative of the deceased.  There are multiple relatives of victims who can be compensated in wrongful death cases.  However, the cases must be brought to court by the deceased person’s personal representative.

E.P.T. Law § 1-2.13 states that the personal representative is the party who received letters to administer the deceased person’s estate. To put it simply, the personal representative is the person who was chosen by the victim to be in charge of their estate.

Accordingly, a family member cannot file a wrongful death lawsuit in Utica unless they have been designated as the personal representative.  Our Utica wrongful death lawyers can help victims’ relatives understand the proper route to compensation.

Elements of a Utica Wrongful Death Lawsuit

The process for recovering compensation in wrongful death lawsuits can vary depending on how each accident occurred.  Still, in every case, the following elements should be established:

  • A person died
  • Their death was caused by another person’s wrongful act
  • The victim’s relatives suffered damages because of the wrongful death

Assessing the validity of your case can be a complicated task.  There are several factors that must be evaluated when determining if the aforementioned elements have been satisfied.  Our experienced Utica wrongful death lawyers can help evaluate your case during a free case review.

Common Types of Evidence Used to Establish Fault in Utica Wrongful Death Lawsuits

Plaintiffs in wrongful death lawsuits must show that the death at issue was caused by the defendant’s negligent or intentional behavior.  There are several types of evidence that can be used.  The following are common types of evidence used to establish fault in Utica wrongful death lawsuits:

Surveillance Footage

After many fatal accidents, surveillance footage can be used to prove why they happened.  For example, traffic camera footage may show the events that occurred before, during, and after a fatal car crash.  Furthermore, security footage from a factory floor can show how a fatal workplace accident occurred.

Parties in control of pertinent surveillance footage may not cooperate easily with plaintiffs.  Our Utica wrongful death lawyer can help ensure you recover the necessary surveillance footage to establish fault in your case.

Expert Witness Testimony

Expert witness testimony can also be used to prove who was at fault for a wrongful death.  Expert witnesses are deemed experts because of their training, education, and experience.  These witnesses can help explain more complicated theories regarding why an accident occurred.

There are several types of experts that may be called in wrongful death cases.  For instance, an engineering expert may be called to explain why a product was defective in a defective product case.  Furthermore, an accident reconstruction expert could be called in a car accident case to help determine why a crash happened.  Our Utica wrongful death lawyers can help call on the right experts to support your claims.

Eyewitness Testimony

Additionally, eyewitness testimony can be a valuable tool when proving fault in Utica wrongful death lawsuit.  Like surveillance footage, witnesses can help explain the events that unfolded before, during, and after a fatal accident.  Eyewitnesses can offer either written or oral testimony.  Our team can help obtain contact information for any potential eyewitnesses in your case.

Accident Reports

Accident reports are another common type of evidence used to prove fault in wrongful death claims.  After auto accidents, a police officer should visit the scene to draft an accident report.  Furthermore, after fatal workplace accidents, employees may be asked to create a formal accident report.

In any case, an accident report can help our Utica wrongful death lawyers uncover the root cause of a wrongful death.  Victims’ families can contact our team for help obtaining an official accident report.

Photos from the Scene of an Accident

Lastly, photos from the scene of an accident can be helpful when establishing fault for a wrongful death.  Photos from the scene can help explain why an accident occurred.  For example, photos of an icy walkway at an apartment building can be used to show conditions that led to a fatal slip and fall.

Also, photos from the scene of an accident can be used to disprove a defendant’s theories regarding why a death occurred.  For example, an at-fault driver may attempt to assert that a fatal car crash occurred because of a malfunctioning streetlight.  In that case, photos from the scene of the accident showing a working streetlight can help refute the defendant’s argument.  Our experienced Utica wrongful death lawyers can help recover any relevant photos from the scene of the accident in your case.

If Your Loved One Suffered a Wrongful Death in Utica, Our Lawyers Can Help

If your loved one suffered a wrongful death, seek assistance from our experienced Utica wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.