Wrongful death is a death brought on by the negligent or deliberate action of another. Death resulting from an automobile accident, or occurring later from injuries sustained in an accident, may be a wrongful death.
When somebody is killed in an altercation or dies as a result of an attack, that is also a wrongful death. A criminal act, like murder, can also be the subject of a wrongful death suit.
Buffalo Wrongful Death Law Firm
Law firms that handle wrongful death cases have specialized experience and training in the wrongful death statutes in their states. Wrongful death is different from other personal injury cases– it is governed by state law, not by case law, and the statutes vary from one state to another.
Wrongful death laws normally limit a wrongful death claim to the immediate family of the deceased person. Some states limit wrongful death actions by children to minor children only. Some states allow a person to sue for the wrongful death of a spouse even if the parties were separated. Parents may be able to sue for the wrongful death of minor children and adult children, depending on the state’s statute. The attorneys at O’Brien and Ford are experts in the law of wrongful death in the state of New York and can let you know if you are eligible to bring a wrongful death action.
There are conditions where a suit for wrongful death might not be brought against certain parties. Relatives, for instance, are immune from wrongful death actions against one another in some states. Wrongful death actions may not be possible against government agencies. If your loved one has been killed on government property, though, do not presume that the agency is immune from suit. Even if there is no sovereign immunity, there may be a strict deadline for filing suit, so talk to an attorney as soon as possible after an accident on government property.
The types and amount of damages in a wrongful death suit are regulated by statute. Damages may consist of lost future earnings, especially significant if the person was the primary breadwinner of their family. Your loved one’s medical costs, and funeral costs, may be part of a wrongful death award. Some states also allow for damages to the family for their grief and loss of the company of their loved one. In some cases, punitive damages may be awarded.
Wrongful Death Attorney Buffalo New York
Seek advice from an experienced wrongful death law firm if you have lost a family member in any one of the following circumstances:
– Automobile or motorcycle accidents, despite whether your loved one was an operator, passenger, or pedestrian.
– Accidents at the workplace
– A fall in a public place
– An assault
– Medical malpractice
– Drowning in a public or private pool
– An accident in a medical facility or nursing facility
Wrongful Death Lawyers Near Me
Your attorney should understand what you are feeling and treat you with the greatest compassion. You want your law firm to have experience in dealing with wrongful death cases, but you also want them to appreciate that your case is unique.
The attorneys at O’Brien and Ford believe in serving people, not processing cases. We will take all the time you need to explain your rights, and to let you know just what to expect when you file a suit for wrongful death. You may call us any time for a free consultation with one of our attorneys. You will not pay us a fee unless we win your case.