Wrongful Death Lawyer Pittsford, NY

Did you lose a loved one in Pittsford because of someone else’s negligence?

Compassionate attorneys helping grieving Pittsford families seek accountability and compensation.

No amount of money can replace someone you love. But holding the responsible party accountable can bring a measure of justice and secure your family’s financial future. A wrongful death lawyer in Pittsford, NY, at Jacobson Injury Firm investigates what happened, establishes negligence, handles the insurers, and pursues the full compensation your family deserves, all while treating your loss with the care and respect it demands. Attorney Adam Jacobson, licensed in New York, prepares each claim as though a jury will decide it. Contact us for a free, confidential consultation.

Wrongful Death Lawyer Pittsford, NY

A wrongful death claim arises when a person dies because of another party’s negligence or wrongful act, the same conduct that, had the person survived, would have supported a personal injury claim. These cases in and around Pittsford can follow a fatal Pittsford car accident on Route 31 or Pittsford-Victor Road, a Pittsford truck accident on the freight corridors near I-490, a fatal Pittsford construction accident on one of the area’s development sites, or Pittsford medical malpractice at a regional healthcare facility. In New York, these claims are governed by a specific statute, and matters that proceed to litigation are heard in Monroe County Supreme Court, part of New York’s 7th Judicial District.

New York’s Wrongful Death Act and Survival Act

Two legal claims work together after a fatal injury in New York, and understanding both is essential to maximizing a family’s recovery. The Wrongful Death Act, EPTL § 5-4.1, allows the deceased person’s distributees, typically the surviving spouse, children, and parents, to recover for their own pecuniary losses caused by the death. These losses are economic in nature: the financial support the deceased would have provided, the value of household services, and the loss of parental guidance for minor children.

Separately, the Survival Act, EPTL § 11-3.2, allows the deceased person’s estate to recover for the losses the person suffered between the injury and death. This typically includes compensation for the deceased’s conscious pain and suffering in the period before they died, and for related medical and funeral expenses. Together, these two claims capture both the family’s ongoing losses and the losses the deceased person experienced personally.

An important note on the current state of New York wrongful death law: the damages recoverable under EPTL § 5-4.1 have traditionally focused on pecuniary losses. Legislation known as the Grieving Families Act, which would have expanded recovery to include grief, sorrow, and emotional anguish as independent damages categories, was vetoed by Governor Hochul in December 2023. Under current law, grief and sorrow are not independently recoverable as wrongful death damages, though the full economic impact of the loss and the conscious pain and suffering before death remain fully compensable through the two-act framework.

Who Can Bring a Wrongful Death Claim in New York

Under New York law, a wrongful death action is filed by the personal representative of the deceased person’s estate, for the benefit of the distributees. Identifying who can bring the claim and in what capacity is one of the early steps in these cases. The beneficiaries typically include:

• A surviving spouse. Often the primary beneficiary, recovering for lost financial support, services, and companionship.
• Children. Including adult children, who may recover for the loss of parental support and guidance.
• Parents. Who may recover following the death of a child.
• Other dependent distributees. Depending on the family structure and who was financially dependent on the deceased.

Why Choose Jacobson Injury Firm as Your Wrongful Death Lawyer in Pittsford, NY?

Preparation Insurers Respect

Wrongful death cases require both sensitivity and rigorous proof, and the combination demands an attorney who takes these cases personally. Adam Jacobson approaches each case with a litigation-driven mindset and readies every matter as though it will reach a courtroom. He earned his law degree from Florida International University College of Law and is admitted to practice in New York, Florida, Connecticut, and Illinois. His Bachelor of Science in Biotechnology with a minor in Immunology proves especially useful when medical records and causation are central to establishing what happened.

Direct, Personal Representation

A grieving family deserves an attorney’s full attention, not a case passed between staff members. Adam personally handles every case from the first phone call to final resolution, guiding families through the legal process with compassion and keeping them informed at every stage. He has recovered millions of dollars for injured clients and families, and is based in the Pittsford community.

No Fee Unless We Win

Wrongful death cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. For the full range of matters we handle, see our Pittsford personal injury lawyer overview.

Understanding Damages Under New York Law

Under the Wrongful Death Act, the surviving distributees may recover for past and future lost financial support and earnings the deceased would have provided, the value of household services and contributions, and the loss of parental guidance for minor children. Under the Survival Act, the estate may recover for the deceased’s conscious pain and suffering before death, and for related medical and funeral expenses. Where the deceased may have shared some fault for the accident that caused their death, New York’s pure comparative fault rule under CPLR § 1411 can reduce the recovery proportionally, though the defendant bears the burden of proving that shared fault.

Important Aspects of a Wrongful Death Case

Opening the estate and appointing a personal representative is a necessary early step, since only the representative can bring the claim, and families who have not yet done this should involve an attorney early to guide the process. Preserving evidence of what caused the death is essential, and prompt investigation matters because physical evidence, records, and witness memories all fade over time. The two-year statute of limitations under EPTL § 5-4.1 runs from the date of death, and some causes of death involve additional or shorter notice requirements, so having the specific dates reviewed promptly is important.

The Wrongful Death Case Timeline

We help open the estate where needed and identify the personal representative, investigate what happened, preserve the evidence, and identify every liable party and insurance policy. We submit a demand and negotiate toward a fair settlement. If the insurer refuses a reasonable amount, we file suit in Monroe County Supreme Court and move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.

Important New York Legal Resources

New York law sets the framework for these claims. The Wrongful Death Act, EPTL § 5-4.1, governs the distributees’ claim and gives most estates two years from the date of death to file. The Survival Act, EPTL § 11-3.2, governs the estate’s claim for pre-death losses. Pure comparative fault under CPLR § 1411 applies where relevant, and claims against government entities require a Notice of Claim within 90 days of death.

Wrongful Death Lawyer FAQs

Who can file a wrongful death claim in New York?

Under EPTL § 5-4.1, the claim is filed by the personal representative of the deceased’s estate for the benefit of the distributees, typically the surviving spouse, children, and parents. An attorney can help open the estate and appoint a representative so the claim can proceed promptly.

What damages can our family recover under current New York law?

Under the Wrongful Death Act, recoverable damages focus on the economic pecuniary losses of the surviving distributees, including lost financial support, services, and parental guidance. The Grieving Families Act that would have added grief and sorrow, was vetoed in December 2023 and is not current law. Under the Survival Act, the estate recovers for the deceased’s conscious pain and suffering before death.

How long do we have to file a wrongful death claim in New York?

Under EPTL § 5-4.1, most wrongful death claims must be filed within two years of the date of death. Some causes of death, particularly those involving medical malpractice or government defendants, can involve their own additional deadlines or Notice of Claim requirements. Having the specific dates reviewed promptly protects your family’s rights.

What if the deceased person was partly at fault for the accident?

Under New York’s pure comparative fault rule, CPLR § 1411, shared fault reduces but does not bar recovery. Even if the deceased bore some share of fault, the remaining portion of the damages is still recoverable, and the defendant bears the burden of proving comparative fault.

What does it cost to hire a wrongful death lawyer?

Nothing upfront. Jacobson Injury Firm handles wrongful death cases on a contingency basis, so there are no attorney fees unless we recover compensation for your family. The initial consultation is free and confidential.

Our Pittsford Office

Jacobson Injury Firm serves injured clients throughout Pittsford and Monroe County from our office at 1080 Pittsford-Victor Road, Pittsford, NY 14534. Our team is available 24 hours a day, 7 days a week, and you can reach us at (585) 510-4349 to arrange a free consultation.

Contact Jacobson Injury Firm to Schedule a Consultation

If you lost a loved one because of another’s negligence in Pittsford, you do not have to face the insurance company alone during such a difficult time. A Pittsford wrongful death lawyer at our firm will listen, review what happened, and pursue accountability with compassion and skill. Consultations are free and confidential, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.