Rochester Wrongful Death Lawyer

April 8, 2025
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Rochester Wrongful Death Lawyer

Rochester Wrongful Death Lawyer – Fighting for Justice After an Unimaginable Loss

Losing someone you love is always painful—but losing them because of someone else’s negligence is unbearable. The grief is heavy, and the unanswered questions only make it worse. If you’re looking for a Rochester wrongful death lawyer, it likely means you’re struggling to make sense of what happened. Medical bills, funeral expenses, and financial instability often pile up while you’re still mourning. And to make it harder, insurance companies may try to minimize your loss.

At MB Injury Lawyer, we help families through some of their darkest moments. With years of experience handling wrongful death claims and complex wrongful death lawsuits, our team fights for accountability, answers, and the full wrongful death compensation you’re entitled to. We understand what’s at stake—and we treat your case with the care it deserves.

Book a consultation now, and let us help you recover your compensation while you focus on healing.

What to Do Immediately After a Wrongful Death Incident in Rochester? 

In the moments following a wrongful death, emotions run high and confusion takes over. While no action can reverse the loss, the steps you take now can make a difference in your ability to pursue justice. If you’re facing a wrongful death case in Rochester, knowing what to do next is crucial. Here’s how to start protecting your rights and your family’s future.

1. Report the Incident Immediately

Call 911 and ensure the death is properly documented. A police report becomes a key piece of evidence in wrongful death lawsuits and insurance claims.

2. Preserve Any Evidence

Keep medical records, witness contact details, photos, or video footage. This documentation helps Rochester wrongful death attorneys build a solid claim on your behalf.

3. Avoid Speaking to Insurers

Insurance companies often attempt to reduce or deny wrongful death compensation. Before making any statements, consult with a wrongful death lawyer in Rochester.

4. Know Your Legal Rights

Under New York’s EPTL § 5-4.1, the personal representative of the estate has the legal right to file wrongful death claims within two years of the incident.

5. Consult an Experienced Attorney

If you’re searching for a Rochester wrongful death lawyer near me, MB Injury Lawyer offers compassionate, aggressive representation. Our team of experienced wrongful death lawyers in Rochester is here to fight for the justice your loved one deserves.

What Are the Most Common Causes of Wrongful Death in Rochester?

Wrongful death can happen in an instant, often when least expected. In Rochester, many families turn to a Rochester wrongful death lawyer after a tragic loss caused by another party’s negligence. While every case is unique, some causes are more frequent than others—and knowing them can help you understand if legal action is an option.

1. Motor Vehicle Accidents

Crashes involving cars, trucks, and motorcycles are among the top causes of wrongful death cases in New York. According to NY DMV crash data, thousands of fatal accidents occur statewide every year, many involving speeding, distracted driving, or DUIs.

2. Medical Malpractice

Errors by doctors or hospitals—such as misdiagnosis, surgical mistakes, or improper treatment—can tragically lead to death. A wrongful death attorney in Rochester can investigate the medical records and expert opinions needed to file a strong claim.

3. Workplace Accidents

Fatal injuries from falls, machinery accidents, or safety violations often occur in construction and industrial jobs. Surviving families may be eligible for wrongful death compensation beyond workers’ comp.

4. Defective Products

Dangerous drugs, faulty machinery, or unsafe consumer goods can all cause fatal harm. In such cases, manufacturers and distributors may be held liable through wrongful death lawsuits.

5. Premises Liability and Violence

Fatal slip and falls, unsafe premises, or negligent security resulting in assaults can also lead to wrongful death claims. These situations require detailed investigations to prove fault.

If your loved one’s death involved any of the above, contact our team of experienced Rochester wrongful death attorneys for a free consultation. 

What Compensation Can You Recover in a Wrongful Death Case in Rochester?

Losing a loved one is painful beyond words—and when that loss is due to someone else’s negligence, it can feel even more devastating. A skilled Rochester wrongful death lawyer can help you pursue full wrongful death compensation to ease the financial burden and fight for the justice your family deserves.

Here are the types of compensation you may be able to recover:

1. Medical Expenses

Covers hospital bills, treatment costs, and emergency care provided before your loved one passed.

2. Funeral and Burial Costs

Includes cremation, burial, and memorial expenses, which can often exceed thousands of dollars.

3. Loss of Income and Future Earnings

Compensates for wages and benefits the deceased would have provided to the household.

4. Loss of Parental Guidance and Support

For children who lose a parent, this includes emotional and developmental impact damages.

5. Pain and Suffering of the Deceased

If the deceased endured pain before death, this can be included in wrongful death claims.

6. Loss of Consortium

Spouses may recover damages for the emotional and relational impact of the loss.

7. Punitive Damages

In extreme cases involving reckless or intentional actions, additional compensation may be awarded to punish the at-fault party.

To understand your full rights, contact our Rochester wrongful death attorneys for a free consultation today. 

How Is Compensation Distributed Among Family Members in a Wrongful Death Case?

In New York, wrongful death compensation is distributed based on the financial dependency of surviving family members. The court determines how the wrongful death settlement is divided, often prioritizing spouses, children, and parents depending on who suffered the greatest loss.

The personal representative of the estate files the claim, but the actual beneficiaries are those who experienced economic or emotional loss. A Rochester wrongful death lawyer can help ensure the fair and lawful distribution of all awarded wrongful death damages.

Does a Wrongful Death Settlement Cover Funeral and Burial Costs?

Yes, a wrongful death settlement typically includes compensation for funeral and burial expenses. These costs are considered part of the economic losses caused by the death and can be recovered through wrongful death claims filed by the estate.

An experienced Rochester wrongful death lawyer will ensure these expenses are included in your claim so your family doesn’t carry the financial burden during an already difficult time.

What If the Wrongful Death Was Caused by a Defective Product?

If a defective product caused your loved one’s death, you may have grounds for a wrongful death lawsuit against the manufacturer, distributor, or retailer. These cases fall under product liability and require strong evidence to prove fault.

A skilled Rochester wrongful death lawyer can investigate the product, consult experts, and pursue the wrongful death compensation your family deserves. Don’t wait—these cases have strict filing deadlines under New York law.

Different Types of Wrongful Death Cases Our Lawyers Handle 

Every wrongful death case carries a unique story and heartbreaking impact. At MB Injury Lawyer, our experienced Rochester wrongful death attorneys have handled a wide range of fatal incidents caused by negligence or carelessness. We investigate deeply, represent families compassionately, and pursue justice with relentless focus to ensure you receive the wrongful death compensation your family deserves.

Here are some of the common wrongful death cases in Rochester we take on:

  • Auto accidents that result in fatal injuries due to speeding, distracted driving, or DUI.
  • Medical malpractice involving surgical errors, misdiagnoses, or delayed treatment that leads to death.
  • Construction and workplace fatalities caused by lack of safety measures or equipment failures.
  • Slip and fall incidents where unsafe premises result in deadly injuries.
  • Product-related deaths involving dangerous or defective consumer goods.
  • Fatal assaults or shootings where negligent security measures failed to protect victims.

If you’re searching for a Rochester wrongful death lawyer near me, we’re here to stand by your side. Our dedicated wrongful death lawyers in Rochester are just one call away from helping you begin the path to justice.

How to Book a FREE Consultation With Our Wrongful Death Lawyers in Rochester? 

Getting started with your wrongful death case in Rochester is simple—and it won’t cost you anything upfront. We offer a free consultation to review your case, answer your questions, and explain your legal options with no pressure.

To speak with a trusted Rochester wrongful death lawyer, call us at (347) 639-0349 or visit our website to complete the online form. If you’re looking for a “wrongful death lawyer near me,” we’re here to help you take the first step toward justice.

What Can Our Wrongful Death Lawyers Do for You? 

At MB Injury Lawyer, we understand that no legal outcome can ever replace the loss of your loved one. But holding the responsible party accountable and recovering fair wrongful death compensation can bring a sense of justice—and some financial relief. Our experienced Rochester wrongful death lawyers are here to take the legal weight off your shoulders while you focus on healing.

Here’s how we support your wrongful death case in Rochester from start to finish:

1. Conduct a Thorough Investigation

We gather medical records, witness statements, and expert reports to build a strong claim.

2. Identify All Liable Parties

From individuals to corporations, we dig deep to ensure everyone responsible is held accountable.

3. Handle All Legal Paperwork

Our team takes care of documentation, filings, and deadlines so you don’t have to worry.

4. Negotiate With Insurance Companies

We fight back against lowball offers and push for a wrongful death settlement that reflects your true losses.

5. Pursue Maximum Damages

This includes wrongful death damages for lost income, emotional suffering, and more.

6. Represent You in Court if Needed

If a fair settlement isn’t possible, we’re fully prepared to take your case to trial.

If you’re looking for a trusted Rochester wrongful death lawyer near me, we’re here to help—compassionately and aggressively.

Why Choose MB Injury Lawyer for Your Wrongful Death Case in Rochester?

Choosing the right legal team after a tragedy is more than a decision—it’s a lifeline. At MB Injury Lawyer, we approach every wrongful death case in Rochester with the care, urgency, and commitment it deserves. You’re not just hiring a lawyer—you’re partnering with a team that understands your loss and is fully invested in your fight for justice.

Here’s why families trust our Rochester wrongful death attorneys:

  • Proven Results – We’ve recovered millions in wrongful death settlements across New York.
  • No Upfront Fees – You pay nothing unless we win your case.
  • Deep Legal Insight – Led by a former defense attorney who knows how insurers operate.
  • Personalized Attention – You work directly with your wrongful death attorney in Rochester, not just a case manager.
  • Top-Rated Advocacy – Recognized among the best wrongful death lawyers in Rochester for both results and compassion.
  • Full-Service Legal Support – From investigation to trial, we handle it all so you can focus on healing.

If you’re searching for a “Rochester wrongful death lawyer near me,” MB Injury Lawyer is just one call away.

FAQs 

1. Can a wrongful death case in Rochester be reopened after it’s settled?

In most cases, once a wrongful death settlement is finalized, it cannot be reopened. That’s why it’s critical to work with a knowledgeable Rochester wrongful death lawyer before accepting any offer.

2. What if the deceased didn’t have dependents—can anyone still file a claim?

Yes. The personal representative of the estate can still file wrongful death claims for damages like medical expenses, funeral costs, and lost income, even if there are no dependents.

3. How long do wrongful death cases typically take in Rochester?

Each case is different, but most wrongful death lawsuits take several months to over a year, depending on the complexity and whether the case goes to trial or settles out of court.

4. Are wrongful death damages capped in New York?

No. New York does not impose a cap on wrongful death compensation, including wrongful death damages for economic loss, though non-economic damages for survivors’ grief are currently not allowed.

5. Do I need a lawyer, or can I file a wrongful death lawsuit on my own?

While you can file a claim without legal help, wrongful death cases in Rochester involve complex laws and procedures. Working with an experienced wrongful death attorney in Rochester greatly improves your chances of a successful outcome.

6. Can I still sue if criminal charges were never filed?

Yes. Civil wrongful death claims are separate from criminal cases. Even if no charges were filed, you may still pursue a wrongful death lawsuit with help from Rochester wrongful death attorneys.

Let’s Turn Your Grief Into Justice—We’re Here to Help

Losing someone due to negligence is more than a tragedy—it’s a lifelong impact. At MB Injury Lawyer, we understand how overwhelming a wrongful death case in Rochester can feel. That’s why our experienced team is here to stand with you, fight for answers, and pursue every dollar in wrongful death compensation you’re entitled to.

If you’re looking for a trusted Rochester wrongful death lawyer near me, we’re just one call away. Contact us at (347) 639-0349 or fill out our online form for a free consultation—let us help you move forward with strength, clarity, and legal support you can count on.

Serving Clients in Rochester, NY

Our attorneys assist clients throughout Rochester, NY, including the vibrant East End and historic Corn Hill neighborhoods. Notable landmarks include the Strong National Museum of Play and the scenic Highland Park.

Contact Information

Michael Benenati, Attorney at Law
37-08 28th Avenue, Suite 302
Astoria, New York 11103
+1 347-639-0349

We serve clients in Rochester from our Astoria office.