Wrongful Death Attorneys in Buffalo NY
The loss of a loved one is a tragic and painful experience. After an unexpected loss, you may feel angry and unsure of what steps to take next. If you are struggling with the loss of your family’s breadwinner, a wrongful death claim may help alleviate some of your stress and strain. While there is no way to make up for the loss your loved one, a wrongful death claim can help you find the resources you and your family need to move forward.
At Cantor, Wolff, Nicastro & Hall LLC, we understand what you are going through. Our firm is dedicated to giving every client the care and attention that their wrongful death case needs. We will put our trusted attorneys to work for you. With more than 100 years of combined experience standing up for the people of Buffalo, NY, we are ready to help.
For a free case review, call The Hurt Hotline at (716) 848-8000 or use our online form.
Who Can File a Wrongful Death Lawsuit in NY?
In New York, the personal representative of the deceased individual’s estate is the person who may bring a wrongful death suit. That person, once approved by a court, handles all matters related to the estate, including a wrongful death claim. Unlike other states, New York does not allow other family members to bring claims for a loved one’s wrongful death.
This limitation may have serious implications for your case. If you bring a case but are not authorized to do so under the law, your case may be thrown out. That can lead to delays and other complications. If you have questions about your legal rights after a loved one’s death, speak with a Buffalo wrongful death lawyer today.
What Do You Have to Prove in a Wrongful Death Case?
When you bring a wrongful death case, you must prove five critical elements for the claim to succeed:
- The individuals or organizations owed your loved one a duty of care and acted negligently or wrongfully.
- That negligence or wrongful conduct resulted in your loved one’s death.
- The lawsuit could have been brought by the deceased if he or she had lived.
- A spouse, another immediate family member, or a dependent survives.
- The surviving individuals suffered financial or other losses.
These rules apply in nearly all cases and can be complicated. Before moving forward with any claim, discuss your situation with a Buffalo wrongful death attorney.
Calculating Wrongful Death Damages in New York
In a New York wrongful death case, the process of calculating damages will depend on the unique facts of each case. However, when courts calculate wrongful death damages, they consider these categories of possible damages:
- The person’s lost wages after the accident
- The costs of medical care for the deceased person after the accident
- Any final expenses related to burial
- Any pain or suffering that the deceased experienced from the injuries before death
- The family’s loss of support and parental care
Our Buffalo wrongful death lawyers will review your claim and help you build a strong case grounded in the law. We will help you understand who may be held responsible, how your case should be valued, and what types of compensation may be available.
Valuation of a claim is a complex process that can take a significant amount of time. You will need essential records, such as wage statements and medical bills. You will also need to value items such as the loss of support and parental care. A Buffalo wrongful death attorney can walk you through the process and help you pursue the full compensation you deserve.
Wrongful Death Statute of Limitations in New York
Like other states, New York has strict time limits on how long you have to file your wrongful death lawsuit. In general, you have two years from the date of an individual’s death to bring suit. Two years seems like plenty of time. However, building a wrongful death claim and determining who is responsible can take a significant amount of time and effort.
If you are considering a wrongful death lawsuit, contact our law firm to get things started as soon as possible.
Common Causes of Wrongful Death
An experienced wrongful death attorney can help you pursue the compensation you need to move forward. Cases that our wrongful death lawyers can help with include:
- Motorcycle accidents. On the road, motorcyclists do not have much protection. Even with the best safety gear and defensive driving, motorcyclists can be killed in a crash with a larger vehicle. If you have lost a loved one in a motorcycle accident, speak with a Buffalo wrongful death lawyer today.
- Truck accidents. When truck accidents happen, the results can be catastrophic. While drivers and companies must meet strict federal and state guidelines, all too often, they fail to live up to their obligations. When that happens, other motorists may pay the price with their lives.
- Car accidents. Most of us drive every day, and it is easy to forget how dangerous cars can be. Even with all of the latest safety features, a small mistake or a negligent act can lead to severe injury and death. When a loved one is lost in a car accident caused by another motorist, a wrongful death claim can be pursued.
- Construction accidents. Construction sites can be dangerous places. OSHA and other government agencies have clear rules on how employers should manage construction sites. Too often, employers disregard these rules and put people’s lives in jeopardy. If you have lost a loved one in a construction accident, speak with a lawyer today.
- Pedestrian accidents. Too many people are careless on the road and drive when distracted. That carelessness can mean injury or death for pedestrians. If a person you love was killed in a pedestrian accident, speak with a wrongful death lawyer about your options.
- Slip and fall. Businesses and other organizations must keep their properties free of hazards like puddles, slippery surfaces and other dangerous conditions. When they fail in that duty, visitors may fall and strike their head, potentially leading to a tragic and untimely death.
- Medical malpractice. Someone who is under the care of a doctor expects to be healed. However, medical practitioners are human, and sometimes they make mistakes. When they do, it can cause lasting pain, permanent injury, and even death. In cases like this, it may be an individual who acted negligently, or it may be an organization such as a hospital that was negligent in some way that caused a fatality.
These are only a few of the ways that a wrongful death could occur. If you have lost a loved one, speak with a Buffalo wrongful death attorney today. An attorney can review your case, help you understand your options, and fight for justice for your family.
How Our Buffalo Wrongful Death Lawyers Can Help You
Our wrongful death attorneys are focused on helping families through their darkest times. We understand how difficult it can be to lose a loved one in an accident. We will stand up for your rights and demand justice for you. Our experienced team can help you from start to finish by:
- Investigating the accident. There may be many causes in a wrongful death accident. It is critical to investigate what happened and identify all potentially liable parties.
- Gathering paperwork and evidence. After losing a loved one, you need to focus on your healing rather than dealing with forms and other paperwork. A wrongful death lawyer in Buffalo can obtain those records for you, including payroll statements, medical records and accident reports. Our experienced attorneys know what paperwork needs to be secured for a strong case. We do all the legal legwork on your behalf.
- Advising you on your rights. The laws around a wrongful death may include workplace safety laws, New York traffic laws, OSHA regulations and other established laws. Our Buffalo wrongful death lawyers have more than 100 years of combined experience, and we can help you understand the laws that apply in your situation.
- Taking the stress off you. The loss of a loved one is exhausting and can leave you overwhelmed. Our attorneys can handle every aspect of your claim and ease your burden. We can handle communications and phone calls, seek records related to the accident, or help you understand what’s going on with your case. Our lawyers will work to take as much stress off you as possible.
- Negotiating with insurance companies and other parties. Insurance companies and others may refuse to take responsibility for a wrongful death. They may also offer to settle, but at a much lower amount than you deserve. Our attorneys know how to handle negotiations, and we will fight to maximize your recovery.
- Filing a lawsuit and advocating for you in court. Our experienced personal injury lawyers can draft a lawsuit and take care of any court filings that your case requires. If your case needs to go to court, it is critical to have the right legal team on your side. Our knowledgeable attorneys understand how important your case is, and we will fight for you at trial if necessary.
Let Our Buffalo Wrongful Death Attorneys Help You
If you have lost someone close to you in a tragic accident or an intentional act, contact The Hurt Hotline now. The dedicated lawyers at Cantor, Wolff, Nicastro & Hall LLC have more than 100 years of combined experience. We will make sure that your case gets the attention it deserves.
For a free case consultation, contact a wrongful death lawyer in Buffalo today at (716) 848-8000 or use our online contact form.