Wrongful Death

If you have lost a loved one as the result of a fatal accident, we extend our sincere sympathy and personal attention during a difficult time. As personal injury attorneys, we realize that your life will never be the same.

The unexpected death of a loved one is a horrific and profound event.  At Callan & Byrnes we understand how important it is to handle all the legal and financial matters on your behalf, so you and your family will be able to focus on rebuilding your lives and recovering from your grief.

When someone dies due to another party’s negligence, a wrongful death suit is started.  A wrongful death case can result from any type of accident such as automobile and construction accidents.

When a claim for death benefits is calculated in New York State, it is subject to New York State’s Estates, Powers and Trust Laws. Section 5-4.3 which states

“The damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or referee deems to be fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit the action is brought.”

What this means is the attorney or legal representative of the decedent must prove there is a monetary loss due to the person’s death. This includes, but is not limited to loss of support for a surviving a spouse and dependent  children.

In a wrongful death case, economic losses are the only loss. These losses are commonly expressed, but not limited to, loss of parental care and guidance to children. Loss of services to the spouse is another basis for compensation. In the case of the death of a child, loss of services to the parent can be claimed. That is why we employ financial experts and analysts in this area to insure you get the full compensation. Although monetary recovery can never make up for the loss of a loved one,  we will spare no expense in obtaining the maximum award in cases of wrongful death.