Buffalo Wrongful Death Lawyers
Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. A wrongful death can leave families grappling not only with emotional devastation but also with the financial burden of medical bills, funeral costs, and the loss of income.
At Hiller Comerford Injury & Disability Law, we understand that no amount of compensation can replace a loved one, but holding the responsible party accountable can offer a sense of closure and help secure your family’s financial future. With decades of experience in handling wrongful death claims, our dedicated attorneys will work tirelessly to build a strong case and pursue the maximum compensation for your loss.
Common Causes of Wrongful Death
- Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents remain leading causes of wrongful death. Whether due to reckless driving, distracted driving, or driving under the influence, the negligent actions of another driver can result in fatal injuries.
- Medical Malpractice: Fatal errors in the healthcare field, such as surgical mistakes, misdiagnosis, and medication errors, are another major cause of wrongful death.
- Workplace Accidents: Hazardous work environments or safety violations can lead to fatal accidents on the job. Construction sites, factories, and other high-risk workplaces are especially prone to accidents involving heavy machinery, falls, or exposure to harmful substances.
- Defective Products: Whether it’s a defective vehicle part, unsafe household product, or malfunctioning medical device, manufacturers can be held accountable for fatalities caused by their products.
- Nursing Home Neglect and Abuse: Tragically, neglect or abuse in nursing homes and long-term care facilities can result in wrongful death. This includes cases where caregivers fail to provide adequate medical attention, proper nutrition, or necessary care, leading to fatal outcomes for vulnerable residents.
Who Can File a Wrongful Death Claim in New York?
In New York, the deceased person’s spouse is the first person with the legal standing to initiate a wrongful death lawsuit. If the deceased was unmarried, their children may file the claim. In cases where there is no surviving spouse or children, the parents of the deceased are eligible to bring forward a claim. 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.
It’s important to note that New York law does not allow siblings, cousins, or other extended family members to file wrongful death claims unless they have been legally appointed as the representative of the deceased’s estate. This system ensures that the individuals most affected by the loss are the ones who are able to seek compensation for both economic and emotional damages stemming from the wrongful death.
What Damages Can Be Recovered in a Wrongful Death Claim?
Economic damages are meant to cover the direct financial impact of the death. This includes expenses such as funeral and burial costs, medical bills incurred before the death, and lost wages that the deceased would have contributed to the family had they survived. Additionally, survivors can seek compensation for the loss of financial support, which accounts for future earnings that the deceased would have provided.
Non-economic damages address the emotional and psychological suffering experienced by surviving family members. These damages include loss of companionship, emotional suffering, and the loss of guidance and nurturing that the deceased would have provided, especially in the case of children losing a parent.
In certain cases, punitive damages may be awarded when the death resulted from extreme negligence or willful misconduct. These damages are not meant to compensate the family for their loss, but rather to punish the responsible party and deter similar behavior in the future.
The Importance of Hiring a Wrongful Death Lawyer
Wrongful death claims can be highly complex, involving both legal and emotional challenges for grieving families. Hiring an experienced wrongful death lawyer is crucial to navigate these intricacies and ensure the case is handled effectively.
Wrongful death claims require meeting specific legal requirements, including proving negligence or wrongdoing, and adhering to strict timelines. Without legal expertise, families may struggle to meet these demands, potentially jeopardizing their ability to recover compensation.
A wrongful death lawyer is responsible for gathering essential evidence, such as accident reports, medical records, and witness testimony, to build a strong case. In addition, a lawyer handles all communications and negotiations with insurance companies, ensuring that families are not pressured into accepting insufficient settlements. If the case goes to court, the lawyer provides experienced representation, advocating on behalf of the family to secure the compensation they deserve.
Proving Negligence in Wrongful Death Cases
To succeed in a wrongful death case, the plaintiff must prove that the defendant’s negligence directly caused the death. This involves meeting the legal standard of negligence, which is composed of four key elements: duty of care, breach of duty, causation, and damages.
- Duty of Care: The first step is to demonstrate that the defendant owed the victim a duty of care. This means showing that the defendant had a legal obligation to act in a certain way to prevent harm.
- Breach of Duty: Once a duty of care is established, the next step is to prove that the defendant breached this duty. This occurs when the defendant’s actions or inactions fall below the expected standard of care.
- Causation: Next, it’s necessary to prove that this breach of duty directly caused the wrongful death. This is often the most challenging aspect of a case, as it requires demonstrating a clear link between the defendant’s actions and the fatal outcome.
- Damages: Finally, it must be shown that the victim’s death resulted in measurable damages, such as medical expenses, lost wages, funeral costs, or emotional suffering for surviving family members.
Statute of Limitations for Wrongful Death Claims in New York
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 family or personal representative of the deceased must initiate legal action within this two-year period to seek compensation for their loss. Failing to file a claim within this timeframe typically results in the forfeiture of the right to pursue legal action, making it critical to act promptly.
While the two-year statute is the general rule, there are certain exceptions that could potentially extend or shorten this timeline. For example, in cases involving government entities, families may be required to file a notice of claim within a much shorter period—sometimes as little as 90 days—before proceeding with a lawsuit. Additionally, if the wrongful death involved criminal actions, the clock may pause during the criminal proceedings.
Acting quickly is crucial in wrongful death cases, not only to comply with the statute of limitations but also to ensure that vital evidence is preserved and witnesses’ memories remain fresh.
Choose Our Buffalo Wrongful Death Lawyers
At Hiller Comerford Injury & Disability Law, we understand that losing a loved one due to someone else’s negligence is an unimaginable hardship. Our team is committed to providing compassionate, personalized service to grieving families.
We take the time to listen to your story, understand your needs, and guide you through the legal process with care and dedication. Every case we handle is approached with the utmost respect for the emotional toll it takes on our clients, ensuring that you receive the support you deserve during this difficult time.
With a proven track record of success, our Buffalo wrongful death lawyers have helped numerous families secure the compensation they need to rebuild their lives. When you choose us, you can trust that our experience, skill, and commitment to justice will be put to work for you.
Contact our Buffalo wrongful death lawyers today for a free consultation.
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