The death of a loved one is never easy, and it is all the more challenging if that death could have been prevented.

You may have concerns that no-one seems to be able to answer.

You can depend on O’Brien and Ford for your answers. 

Wrongful death is a death brought on by the careless or willful action of another.

Death arising from a motor vehicle accident, or following after from injuries sustained in an accident, may be a wrongful death.

Also included are deaths arising from intentional acts like fights or assaults. Even when the act is an intentional crime, like assault or even murder, it can be a wrongful death. 


Wrongful Death Lawyer In West Henrietta

Law firms that handle wrongful death cases have specialized experience and training in the wrongful death laws in their states.

Wrongful death differs from other injury cases– it is regulated by statute, not by case statute, and the statutes vary from state to state. 

Wrongful death statutes typically restrict a wrongful death claim to the immediate family of the deceased person. Some states limit wrongful death actions by children to minor children only.

A person may be able to sue for the wrongful death of a spouse despite the fact that they were separated. Parents may have the ability to sue for the wrongful death of minor children and adult children, depending upon the states’ law. A lawyer at The O’Brien Firm will advise you of your rights under the wrongful death law in New York. 

Who may be sued for wrongful death – Some parties may be immune from suits for wrongful death. In some states, family members are immune from wrongful death suits against each other. Wrongful death suits may not be possible against government agencies. Sovereign immunity may be waived, so do not assume that you cannot recover if your relative was killed on government property. Do consult a wrongful death lawyer immediately, since there are often strict time limits for lawsuits against governmental agencies. 

How damages are determined – Wrongful death laws control the type of damages that may be recovered in a wrongful death suit. Wages that the deceased person could have earned may be recovered, particularly if the person was the main provider for the family. Medical and burial expenses may also be included. The family’s grief over the loss of a loved one could be an element of the damages awarded in a wrongful death suit. In some cases, punitive damages may be awarded. Some states’ wrongful death laws place limits on the total amount of damages that may be awarded in a wrongful death suit. 


West Henrietta Wrongful Death Attorneys

If you believe a member of your family has died as a result of negligence, call a qualified wrongful death lawyer. Some examples of circumstances in which a wrongful death action may be possible are: 

– Automobile or motorcycle accidents, despite whether your relative was an operator, passenger, or pedestrian. 

– Accidents at the workplace 

– A fall in a public place 

– An assault 

– Medical malpractice 

– Drowning in a public or private pool 

– An accident in a medical facility or retirement home  


Wrongful Death Lawyers Near Me

After the death of a loved one, you should expect your attorney to understand what you have been through. You want your law firm to have expertise in handling wrongful death cases, but you also want them to recognize that your case is one-of-a-kind.

The attorneys at O’Brien and Ford believe in helping people, not processing cases. We will take as much time as you need to explain your rights, and to let you know exactly what to expect when you file a suit for wrongful death.

We will not charge you for a consultation, and we will not charge you a legal fee unless we collect damages. Please call us today to consult with a lawyer.