Wrongful Death Attorneys Serving Buffalo and All of New York
The Buffalo wrongful death lawyers at Fromen Injury Law understand the profound pain and turmoil that follows the unexpected loss of a loved one due to someone else’s negligence. Our compassionate attorneys are dedicated to providing the support and guidance you need during this incredibly difficult time. Losing a family member can bring a flood of emotions, including shock, grief, anger, and helplessness. Navigating day-to-day life is hard enough, and the financial uncertainties that accompany such a loss can feel overwhelming.
You don’t have to face these challenges alone. Our experienced lawyers are here to listen to your story, explain your legal options, and help you find the best path forward for your family. If you’ve lost a spouse, child, or parent in an accident caused by another’s recklessness or negligence, you have the right to seek compensation for the financial and emotional burdens that arise. Through a wrongful death claim, families in New York can pursue compensation for lost wages, funeral expenses, and other related costs.
Fromen Injury Law is committed to helping individuals and families recover the justice and compensation they deserve. We fight for our clients like family. Our passion for excellence has helped our firm recover more than $300 million in verdicts and settlements over the past 60 years.
Contact us today online or at 716-855-1222 for a FREE case evaluation. We help clients in Buffalo and across New York. Let us help you navigate this challenging time and secure the support you need to rebuild your life.
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What Is Wrongful Death?
In the simplest terms, wrongful death is the death of a person as the result of the wrongful act of someone else. It refers to a situation in which someone’s death is caused by the negligence, recklessness, or intentional actions of another person or entity. New York law defines a wrongful death as one caused by “a wrongful act, neglect or default,” for which the deceased may have pursued a personal injury lawsuit had he or she lived (see N.Y. Est. Powers & Trusts Law § 5-4.1).
If someone caused the loss of your loved one, you may be able to recover compensation for your losses in a wrongful death lawsuit. A wrongful death lawsuit is not a criminal case; it is a civil case. The purpose of wrongful death claims is to compensate the deceased’s survivors and estate for related damages and losses, rather than to punish the responsible party, as in a criminal case.
In wrongful death lawsuits, it is not necessary to prove beyond a reasonable doubt that the responsible party intended to harm the deceased. The fundamental elements of a wrongful death claim include:
- A person was killed.
- The death resulted from another person’s negligence or recklessness.
- The surviving family members of the deceased suffered financial losses due to the death.
Compensation from a wrongful death lawsuit cannot make up for the loss of someone dear, but it could help you avoid undue financial strain that you don’t deserve. The Buffalo wrongful death lawyers at Fromen Injury Law understand what a difficult time this is for you and your family. We are committed to holding the party or parties responsible for your loved one’s passing accountable for their actions. We fight for our clients like family and we don’t back down when the going gets tough.
Who Can File a Wrongful Death Lawsuit in New York?
The only person who can file a wrongful death lawsuit in New York is the personal representative (executor) of the deceased person’s estate. This person is usually named in the deceased’s will or appointed by the court if there is no will. However, the compensation awarded in a wrongful death lawsuit benefits the deceased’s surviving family members, who typically include:
- Spouse: The deceased’s surviving spouse
- Children: The deceased’s surviving children
- Parents: If the deceased had no spouse or children, the parents may benefit from the lawsuit
- Other dependents: Other individuals who were financially dependent on the deceased, such as stepchildren
The personal representative files the lawsuit on behalf of these beneficiaries to seek compensation for various damages, including loss of financial support, loss of parental guidance, and funeral expenses.
What Damages Are Available?
In a successful wrongful death case, “damages”—or the losses you claim—are awarded to the survivors or the estate of the deceased to compensate them for the death. The amount and types of damages awarded in your case will depend on the unique circumstances of your situation.
Depending on the specifics in your case, you may be entitled to recover damages for:
- Medical expenses incurred by the deceased prior to his or her death
- Funeral and burial expenses
- Loss of income
- Loss of benefits (such as health coverage or retirement benefits)
- Loss of household services (such as child care)
- Pain and suffering of the deceased
Note that New York does not allow surviving family members to recover their own damages for pain and suffering, mental anguish, or loss of companionship.
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What if a Wrongful Death Victim Is Partially Blamed for the Accident?
In New York, if a wrongful death victim is partially blamed for the accident, the principle of “comparative negligence” applies. This means that the compensation you may be awarded can be reduced by the percentage of fault attributed to the deceased person.
For example, if your loved one is found to be 30% at fault for the accident in which they died, the total damages awarded will be reduced by 30%. So, if the total damages are $100,000, you would only receive $70,000.
Because of this, it is imperative that you work with an experienced lawyer with a record of success in these difficult cases. You will need an attorney with the knowledge and resources necessary to conduct a thorough investigation and build a compelling case on your behalf. The Buffalo wrongful death lawyers at Fromen Injury Law have built a reputation for excellence in these cases. We understand the complexities of New York Law and we know how to successfully pursue the maximum compensation to which you may be entitled.
What Is the Statute of Limitations for Wrongful Death in New York?
In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death (see New York Consolidated Laws, Estates, Powers and Trusts Law – EPT § 5-4.1). This means that the personal representative of the deceased’s estate must file the lawsuit within two years to avoid losing the right to pursue legal action.
There are some exceptions and special circumstances that might affect this timeframe, such as cases involving medical malpractice or government entities, which may have different notice requirements or deadlines. However, in most situations, it is crucial to act within the two-year period to preserve the right to seek compensation.
Common Causes of Wrongful Death
Wrongful death occurs when a person’s life is cut short due to the negligent, reckless, or intentional actions of another party. Various circumstances can lead to wrongful death, each with unique factors and considerations. Below are some of the most common causes of wrongful death.
Car Accidents
Car accidents are one of the leading causes of wrongful death. They can result from various factors, including:
- Distracted driving: Using mobile phones, eating, or engaging in other activities that divert attention from the road.
- Driving under the influence: Alcohol and drugs impair judgment and reaction times, leading to fatal crashes.
- Speeding: Driving at excessive speeds reduces the ability to react to sudden changes and increases the severity of crashes.
- Reckless driving: Aggressive driving behaviors, such as ignoring traffic signals, weaving through traffic, and tailgating can result in deadly collisions.
Truck Accidents
Truck accidents often result in more severe outcomes due to the size and weight of commercial vehicles. Common causes include:
- Truck driver fatigue: Long hours on the road can lead to drowsiness and impaired judgment.
- Improper maintenance: Failing to maintain trucks can lead to mechanical failures, such as brake or tire malfunctions.
- Overloaded trucks: Carrying loads that exceed the legal limit can cause instability and accidents.
- Truck driver error: Mistakes made by truck drivers, such as improper lane changes or failure to signal, can be deadly.
Motorcycle Accidents
Motorcyclists are particularly vulnerable due to the lack of protective barriers. Causes of fatal motorcycle accidents include:
- Lack of visibility: Motorcycles are smaller and harder to see, especially in blind spots.
- Speeding: High speeds can lead to loss of control and severe injuries.
- Road hazards: Potholes, debris, and uneven road surfaces pose significant risks to motorcyclists.
Pedestrian Accidents
Pedestrians are at a high risk of fatal injuries when involved in traffic accidents. Contributing factors to pedestrian accidents include:
- Distracted driving: Drivers not paying attention to the road can fail to notice pedestrians.
- Failure to yield: Not yielding the right of way to pedestrians at crosswalks can lead to deadly accidents.
- Speeding: Higher vehicle speeds reduce reaction times and increase the likelihood of fatal injuries to pedestrians.
- Poor visibility: Low-light conditions or inadequate street lighting can make it difficult for drivers to see pedestrians.
Animal Attacks
Fatal animal attacks, particularly dog bites, can result from:
- Dogs with aggressive histories: Certain dogs are more prone to aggressive behavior, leading to severe or fatal attacks.
- Negligent owners: Owners who fail to properly train, restrain, or supervise their dogs can be held liable for attacks.
- Provocation: Sometimes, dogs may attack if they feel threatened or provoked, even unintentionally by children.
Slip and Fall Accidents
Slip and fall accidents can be fatal, particularly for older adults. Causes include:
- Hazardous conditions: Wet floors, uneven surfaces, and obstacles can lead to falls.
- Negligent property maintenance: Property owners who fail to address known hazards can be held liable.
- Poor lighting: Inadequate lighting can obscure hazards, increasing the risk of falls.
- Lack of handrails: Missing or broken handrails on stairs and walkways can contribute to falls.
Construction Accidents
Construction sites are inherently dangerous, and accidents can be fatal. Common causes of construction site accidents include:
- Falls from heights: Working at elevated heights without proper safety equipment can lead to deadly falls.
- Falling objects: Tools, materials, and debris falling from heights can cause fatal injuries.
- Machinery accidents: Heavy machinery and equipment pose significant risks if not operated correctly.
- Electrocution: Exposure to live electrical wires or improper use of electrical equipment can be fatal.
Talk to a Buffalo Wrongful Death Lawyer for FREE
While it’s impossible to put a price on a loved one’s life, it’s important to ensure that the compensation you receive is fair. Unfortunately, insurance companies do everything they can to minimize payouts. They often attempt to settle out of court with offers that are much lower than what you deserve.
The Buffalo wrongful death lawyers at Fromen Injury Law will deal with the insurance company on your behalf. If you are not offered a fair settlement, our attorneys are prepared to take the matter to court. We know what a difficult time this may be for you and your family, and we are committed to helping you achieve justice with strength and dignity.
Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. We proudly serve clients from Buffalo and across New York.