Buffalo Wrongful Death Lawyers 

Seeking Justice for Wrongful Death in New York

At Faraci Lange, LLP, we recognize that there is nothing more difficult than losing a loved one suddenly and without warning. If someone you care about recently passed away due to the careless, reckless, or wrongful conduct of another, we want to help you obtain justice. By filing a wrongful death lawsuit against the liable party, you can not only hold them accountable for the devastation they have caused, but you can also work to help prevent similar incidents from occurring in the future.

A successful wrongful death action can provide you and your family with much-needed financial relief and the resources you need to heal. Our firm can help guide you through the process and protect your rights every step of the way.

To learn more, please contact us at (888) 997-4110 and schedule a complimentary consultation with one of our wrongful death attorneys in Buffalo, NY.

Understanding Wrongful Death in New York State

In New York, a wrongful death is defined as the death of an individual resulting from “a wrongful act, neglect, or default.” Wrongful death cases are much like personal injury cases but, because the person who died (known as the “decedent”) cannot bring the action on their own, someone must bring it on their behalf.

The following constitutes wrongful death:

• It involves fatalities due to negligence, malpractice, or intentional harm.
• The law seeks to provide compensation to those affected by a loved one’s untimely death.
• Cases often require thorough investigation and strong evidence to establish liability.

Understanding the nuances of wrongful death claims is crucial, as these cases require substantial proof and careful legal handling. At Faraci Lange, LLP, our legal team is well-versed in these aspects, ensuring a strategic approach for each client’s unique circumstances.

Common Causes of Wrongful Death

Wrongful death can happen for a number of reasons. 

Often, wrongful death cases arise from the following types of incidents:

• Car accidents
• Motorcycle crashes
• Large truck collisions
• Pedestrian accidents
• Bicycle accidents
• Accidents caused by defective products
• Accidents resulting from unsafe premises
• Dog bites/attacks
• Construction accidents
• Medical malpractice
• Birth injuries
• Criminal/violent acts

Unfortunately, fatal accidents can happen on I-90, I-190, and in other areas around the city. If you believe your loved one’s death was the result of another person or party’s negligent, wrongful, or intentional conduct, or if you believe a manufacturer or similar entity may be strictly liable for the incident that caused their death, reach out to us right away.

Eligibility to File a Wrongful Death Claim in Buffalo

Unlike many other states, surviving family members in New York cannot file a wrongful death action unless they are also the personal representative of the decedent’s estate. Only the personal representative (also known as the executor) can file a wrongful death lawsuit. If the decedent died without a will or without naming a personal representative, the court will appoint one.

It is crucial to understand the responsibilities of a personal representative, as they carry the legal authority to act on the estate’s behalf. 

Responsibilities of the personal representative include:

• Filing claims and managing the decedent’s financial obligations and distributing assets according to the will or state law
• Collaborating with legal counsel to present a compelling argument in court, demonstrating the validity of emotional and economic losses suffered
• Liaising with family members, ensuring everyone is informed of the proceedings

Although the personal representative must be the one to file the lawsuit, damages in wrongful death cases are sought on behalf of eligible surviving individuals. These individuals include the decedent’s surviving spouse or domestic partner, children, and other heirs and dependents. To learn more about who can recover damages in a wrongful death case in New York, contact our firm today.

Survivorship Actions Explained by Buffalo Wrongful Death Lawyers

When a person dies as a result of someone else’s careless, wrongful, or negligent conduct in New York, there are actually two civil legal actions that may occur. The first is a wrongful death claim, which seeks damages on behalf of eligible surviving family members and dependents. The second is a survivorship action, which seeks damages on behalf of the estate.

A survivorship action must also be brought by the personal representative of the decedent’s estate and may compensate the estate for things like medical bills, funeral expenses, and other costs paid directly by the estate in relation to the decedent’s passing.

Both wrongful death and survivorship actions are also separate from criminal proceedings that may or may not occur. A criminal case may be brought against the person or party responsible for the decedent’s death, but the outcome of that case does not necessarily affect the outcome of a wrongful death or survivorship action. This separation ensures that families have multiple avenues for securing justice without the constraints of a criminal trial's outcome.

Potential Damages in Buffalo Wrongful Death Cases

Damage categories are designed to acknowledge economic and non-economic losses, providing a comprehensive recovery for those left behind. 

Depending on the specific details of your case, you may be entitled to recover the following damages:

• “Reasonable and necessary” medical bills related to the decedent’s final treatment/care
• Funeral and/or burial expenses
• Loss of expected financial support, wages, income, and employment benefits
• Loss of anticipated inheritance
• The reasonable dollar value of support and services the decedent would have provided
• The value of guidance, care, nurturing, and counsel provided by a parent to a child
• Conscious pain and suffering endured by the decedent related to their final injury or illness
• Interest on the damages awarded from the date of death until the date of recovery

Note that, in New York, survivors cannot recover compensation for their own pain and suffering, mental or emotional distress, anguish, or loss of love, companionship, counsel, or guidance resulting from the decedent’s passing.

Common Misconceptions About Wrongful Death Cases

Wrongful death cases often come with a host of misconceptions that can cloud understanding and lead to confusion. 

A few misconceptions include:

• Wrongful death cases are only about money: Families often pursue claims not only for compensation but also to seek accountability and help prevent similar tragedies.
• Compensation is guaranteed if negligence occurred: A successful claim requires evidence proving liability and damages.
• There is plenty of time to file: In New York, wrongful death claims are generally subject to a two-year statute of limitations, though exceptions may apply.
• Wrongful death cases are straightforward: These cases can involve complex investigations, multiple parties, and disputes over damages.

Our Buffalo wrongful death lawyer helps families understand their rights, navigate the legal process, and make informed decisions during a difficult time.

Time Limits for Filing Wrongful Death Claims in Buffalo

The statute of limitations on wrongful death lawsuits in New York is just two years from the date of death. This means that you only have two years to file your lawsuit; if you wait too long, your case will almost certainly be dismissed, and you will be unable to sue the liable party for damages.

An exception to the two-year statute of limitations: 

• Medical malpractice: A wrongful death lawsuit can be brought for up to two and a half years (30 months) after the date of death. If there is a pending criminal case against the person or party responsible for the decedent’s death, the personal representative of the decedent’s estate has one year from the date the criminal case concludes to file a wrongful death lawsuit.

Our team is adept at navigating these time-sensitive processes, ensuring you don't miss critical deadlines. The sooner you contact our Buffalo wrongful death attorneys at Faraci Lange, LLP, the sooner we can begin gathering evidence and putting together a powerful case on your behalf.

Reach out to us today at (888) 997-4110 or submit a free and secure case evaluation form here on our website to request a complimentary consultation with our wrongful death lawyers in Buffalo, NY.

Local Insights on Wrongful Death Cases in Buffalo, NY

In Buffalo, the heart of Western New York, the pain of losing a loved one due to wrongful death can be overwhelming. Families often face not only emotional turmoil but also financial strain, especially in a city where the cost of living can be a concern. Local resources, such as the City of Buffalo's official website, provide information on community support services that can help families navigate these challenging times. Furthermore, the New York State Unified Court System outlines the legal processes involved, which can be daunting for those already dealing with loss. 

Moreover, the Buffalo Police Department and local health services are vital in addressing safety concerns that may lead to wrongful death incidents. Whether it’s a car accident on the busy streets of Elmwood Avenue or a construction mishap in the bustling downtown area, the community is affected deeply. 

In Buffalo, where community ties run deep, the impact of a wrongful death resonates beyond the immediate family. It affects friends, neighbors, and the entire community. Our Buffalo wrongful death attorney recognizes the importance of holding negligent parties accountable, not just for the sake of justice but to foster a safer environment for all Buffalonians. 

Wrongful Death FAQs in Buffalo

What Is the Typical Process for Filing a Wrongful Death Claim in Buffalo?

Filing a wrongful death claim involves several key steps, beginning with the appointment of a personal representative for the deceased's estate if one is not already in place. The process usually starts with a consultation with a wrongful death attorney, who will assess the facts of the case to establish grounds for a claim. Evidence collection follows, involving gathering documents such as medical records, police reports, and expert witness testimonies to substantiate the claim.

Once sufficient evidence is collected, the attorney will file a claim in the appropriate court, detailing the allegations against the defendant. The legal proceedings may involve negotiations for an out-of-court settlement. If a settlement cannot be reached, the case proceeds to trial. 

How Long Does a Buffalo Wrongful Death Lawsuit Take?

The duration of a wrongful death lawsuit in Buffalo can vary greatly, often taking months to several years to resolve. Factors influencing the timeline include the complexity of the case, the willingness of parties to negotiate, and the court schedule. Initially, gathering evidence and documentation may take several months. If parties can agree on a settlement, the process concludes sooner, typically within a few months to a year. However, if the case proceeds to trial due to disagreements or complex legal disputes, the timeframe extends significantly. 

Can a Wrongful Death Attorney Help with Out-Of-Court Settlements?

Yes, a wrongful death attorney can facilitate out-of-court settlements, which are often preferred for their ability to provide faster resolution and privacy. These settlements involve negotiating with the liable party's insurance company or legal representatives to reach a fair compensation agreement. Wrongful death attorneys in Buffalo employ their negotiation skills to advocate for a settlement that accurately reflects the loss incurred from the wrongful death. This process saves time and court costs, providing financial relief to grieving families sooner.

What Unique Challenges Arise in Buffalo Wrongful Death Cases?

Wrongful death cases in Buffalo may present unique challenges owing to the city's distinctive geographical and socioeconomic factors. The diversity of incidents leading to wrongful death can vary by neighborhood, from urban traffic collisions to industrial accidents. This variability requires tailored legal strategies that consider the specific circumstances of each case. Additionally, Buffalo's sometimes severe weather conditions can compound accident risks, influencing legal interpretations of negligence and liability. Another challenge is the local legal landscape, which includes navigating state-specific statutes and procedural rules that govern wrongful death claims.