Wrongful Death Attorneys in Buffalo, NY

Types of Wrongful Death Cases We Handle in Buffalo

Wrongful death claims in New York can arise from a wide range of incidents, each with its own legal requirements and challenges. Understanding the type of case helps families know what to expect and how a Buffalo wrongful death lawyer can guide them through the process. Our wrongful death practice includes:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Medical malpractice
• Construction accidents
• Defective products
• Nursing home neglect and abuse
• Premises liability
• Bicycle accidents

As a full-service personal injury law firm, we have fought for clients in numerous scenarios, providing us a deep understanding of how insurers, corporations, and other defendants think and operate. We know how to expose cover-ups, find hidden evidence, and present cases that cannot be ignored.

Buffalo Wrongful Death Lawyers Who Refuse to Back Down

At Hiller Comerford Injury & Disability Law, we know you’re not looking for cookie-cutter representation. You’re looking for a law firm that cares enough to listen, is skilled enough to fight, and is relentless enough to win. We’ve built our reputation on doing precisely that. When families in Buffalo turn to us after tragedy, they gain a wrongful death lawyer who combines compassion with courtroom grit.

Trial-Ready From Day One

Insurance companies recognize us because we don’t bluff. From the start, we build every case as if it’s going to trial. That pressure forces the other side to take your claim seriously, and if they don’t, we’ll be ready to prove your case in front of a jury.

Direct Access, No Runaround

At our firm, you’re not shuffled between assistants and case managers. You’ll work with a dedicated wrongful death attorney every step of the way. When you call, you’ll get real answers, not voicemail black holes.

Maximizing Every Avenue of Compensation

We dig deep to uncover every possible source of recovery, and we don’t stop until we’ve maximized what the law allows. While no amount of money can replace your loved one, the right result can give your family the security to grieve without financial fear.

What Damages Can Be Recovered in a Wrongful Death Claim?

Families may be entitled to various types of damages, and insurance companies will always try to undervalue them. Our Buffalo wrongful death lawyers know how to make sure nothing is overlooked. In New York, wrongful death compensation is limited to financial losses suffered by the surviving family. This usually includes:

• Medical and hospital bills related to the final injury or illness
• Funeral and burial expenses
• The wages, benefits, and financial support the deceased would have provided
• The value of household services (like childcare, chores, or caregiving) the person contributed
• The loss of inheritance the family would have likely received if the person had lived longer

New York law does not currently allow families to recover money for grief, emotional anguish, or loss of companionship. There are efforts to change this law through the Grieving Families Act; however, it has not been enacted as of now. If the deceased suffered pain before passing, the estate may also bring a separate “survival action” for that pain and suffering, along with medical expenses during that time.

How a Buffalo Wrongful Death Lawyer Will Handle Your Case

The weeks and months after a wrongful death are some of the hardest anyone will ever face. Insurance companies are aware of this, and too often, they exploit grief by presenting lowball offers or prolonging cases until families give up. That’s why having the right wrongful death attorney in Buffalo isn’t a luxury. It’s a lifeline.

At Hiller Comerford Injury & Disability Law, we step in to be the shield between your family and those who would take advantage of your loss.

✓ We gather and preserve critical evidence, from accident reports to expert testimony.

✓ We calculate the full financial impact of the loss, including future earnings and benefits.

✓ We manage negotiations with insurance companies and corporate defendants.

✓ We protect families from intimidation tactics and premature settlements.

✓ We handle all court filings, deadlines, and trial preparation.

✓ We take on the legal burden, allowing you to focus on grieving and healing.

Without a skilled advocate, families can be overwhelmed, pressured into lowball settlements, and risk losing the compensation they truly deserve. With a dedicated Buffalo wrongful death lawyer from our team, you gain a legal partner who fights for every dollar, every right, and every piece of justice your family is owed.

Who Can File a Wrongful Death Claim in Buffalo?

New York law limits the class of individuals who can pursue such a claim in court. One reason for this is to keep the class of potential plaintiffs small and manageable. An at-fault party that killed a prominent and well-liked individual might have hundreds or thousands of individuals claiming compensation for their grief and emotional pain.

Wrongful Death Plaintiffs Are Primarily Immediate Family Members

The individuals who can file a lawsuit and pursue compensation with the help of a wrongful death lawyer in Buffalo include:

• The Decedent’s Spouse

The primary plaintiff in a wrongful death lawsuit will be the deceased’s spouse, regardless of when the couple married.

You can also pursue compensation through a wrongful death suit if you or the deceased had initiated but not finalized divorce proceedings before the decedent’s passing. However, New York law does not allow for common-law marriages, so you may not be able to sue for compensation if you and the decedent never legally married.

• The Decedent’s Children

If a decedent has no living spouse, then any children of the decedent will be next in line to file a wrongful death lawsuit. As a decedent’s child, you would have that right even if your parents were not married at the time of your birth or your parents’ death.

If a child is a minor at the time of the parent’s death, then the court will appoint a representative to pursue the child’s legal rights on their behalf.

• The Decedent’s Parents and Siblings

If there are no living children or a living spouse of a decedent, then the decedent’s parents could file a wrongful death claim. This ability would pass to the decedent’s siblings if there were no living spouse, children, or parents.

If none of these family members are available, a personal representative of the deceased’s estate, such as an executor or administrator, may file the lawsuit on behalf of the estate.

Deadline to File a Wrongful Death Claim in Buffalo, NY

In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that the personal representative of the deceased’s estate must initiate legal action within this period to seek compensation for the family’s loss. Missing this deadline usually bars the claim, making it critical to act promptly.

While the two-year rule generally applies, there are important exceptions. For example, if the lawsuit involves a government entity, a notice of claim must typically be filed within 90 days before a lawsuit can proceed. Other special circumstances, such as those involving minors or certain discovery issues, can sometimes impact the timeline; therefore, it is essential to consult a Buffalo wrongful death attorney as soon as possible.

Frequently Asked Questions

If your family has lost a loved one due to someone else’s negligence in Buffalo, you likely have many questions about your legal options. Our Buffalo wrongful death lawyers have compiled answers to the questions we hear most frequently from families navigating this challenging time.