Wrongful Death Lawyer Rochester, NY

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

Compassionate attorneys helping grieving Rochester 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 future. A wrongful death lawyer in Rochester, 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 deserves. 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 Rochester, NY

A wrongful death claim arises when a person dies because of another party’s negligence or wrongful act. These cases can follow a fatal Rochester car accident, Rochester truck accident, Rochester construction accident, or Rochester medical malpractice. 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 Statute and Survival Claim

Two legal claims typically work together after a fatal injury in New York. The Wrongful Death Act, EPTL § 5-4.1, allows the deceased person’s distributees (surviving spouse, children, and other dependents) to recover for their own pecuniary losses caused by the death. Recoverable damages under this claim focus on the economic loss to the survivors, including lost financial support and contributions, lost services, and the loss of parental guidance for minor children.

Alongside the wrongful death claim, New York’s 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, including their conscious pain and suffering before they died, and related medical and funeral expenses. Together, these two claims capture both the family’s losses and the losses of the person who died.

An important note on New York wrongful death law: the damages recoverable under EPTL § 5-4.1 have traditionally focused on pecuniary losses. Legislation that would have expanded recovery to include grief and emotional anguish was vetoed by the Governor in late 2023, so the current law does not allow the surviving family to recover for grief and sorrow as an independent damages category, though the full economic impact of the loss and the conscious pain and suffering before death remain fully recoverable.

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. These typically include:

• A surviving spouse. Often the primary beneficiary of a wrongful death recovery.
• 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 circumstances and who was financially dependent on the deceased.

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

Preparation Insurers Respect

Wrongful death cases require both sensitivity and rigorous proof. 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 become central.

Direct, Personal Representation

A grieving family deserves an attorney’s full attention. Adam personally handles every case from the first phone call to final resolution, guiding families through the process with compassion. He has recovered millions of dollars for injured clients and families.

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 Rochester personal injury lawyer overview.

Understanding Damages Under New York Law

Under the Wrongful Death Act, recoverable damages for the surviving distributees include past and future lost financial support and earnings, lost household services the deceased provided, and lost parental guidance for minor children. Through the Survival Act, the estate may also recover the deceased’s conscious pain and suffering before death and medical and funeral expenses. New York’s pure comparative fault rule under CPLR § 1411 can apply where the deceased may have shared some fault.

Important Aspects of a Wrongful Death Case

Opening the estate and appointing a personal representative is a necessary early step, since the representative brings the claim. Preserving evidence of what caused the death is essential, and prompt investigation matters because physical evidence and records fade. The statute of limitations under EPTL § 5-4.1 runs from the date of death, and for some causes of death additional notice requirements apply, making early involvement of an attorney important.

The Wrongful Death Case Timeline

We help open the estate 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 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) gives most estates two years from the date of death to file. The Survival Act (EPTL § 11-3.2) allows the estate to recover for pre-death pain and suffering. 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.

What damages can our family recover?

Under the Wrongful Death Act, recoverable damages focus on the economic losses of the surviving distributees, including lost financial support, services, and parental guidance. Under the Survival Act, the estate can recover for the deceased’s own conscious pain and suffering before death and related expenses.

How long do we have to file?

Under EPTL § 5-4.1, the wrongful death action must generally be filed within two years of the date of death. Some causes of death, particularly medical malpractice, can involve their own additional deadline rules. Having the specific dates reviewed early protects your family’s rights.

Does the at-fault party’s comparative fault affect recovery?

Under New York’s pure comparative fault rule, shared fault reduces but does not bar recovery. Even if the deceased person bore some share of fault, the remaining portion of damages is still recoverable.

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, and the initial consultation is free and confidential.

Our Rochester Office

Jacobson Injury Firm serves injured clients throughout Rochester 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 Rochester, you do not have to face the insurance company alone during such a difficult time. A Rochester wrongful death lawyer at our firm will listen, review what happened, and pursue accountability with compassion and skill. Consultations are free and confidential, and there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.