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Buffalo Wrongful Death Lawyer
Personalized, responsive legal support for grieving families in Buffalo, New York
Fatal accidents leave a lasting mark on families and communities. Car accidents, workplace incidents, slip-and-fall accidents, and other unthinkable tragedies can claim the lives of innocent victims and create stark challenges for the people left behind. When someone loses their life due to another person’s negligence, there may be legal options available to help their family access much-needed support.
When someone dies unexpectedly, it can place inordinate strain on friends and family members. On top of managing profound grief, many loved ones are tasked with covering outstanding medical expenses and end-of-life costs. In some cases, families are left without their primary breadwinners, which can add even more financial strain to the equation.
While we know no amount of money can ever truly ease your pain, the team at O’Brien & Ford PC recognizes that many surviving family members can benefit from receiving compensation for losses related to the death of their loved one. We cannot undo what you have endured, but we can help you fight for the resources you need to help you breathe a little bit more easily.
If you lost a family member in a fatal accident in Buffalo, we would be honored to take a look at your case and advise you of any legal options you may have available to you. Contact us today for a free consultation. We know this is already a trying time for you, so we promise to get you connected to a Buffalo wrongful death attorney within two minutes of your call. We won’t pressure you to do anything before you’re ready, and we won’t ask you to pay any attorneys’ fees unless we successfully recover compensation in your case.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- What is a wrongful death claim?
- Who benefits from a wrongful death claim in New York?
- Common causes of fatal accidents in Erie County
- What compensation is available in a wrongful death case?
- Does comparative negligence apply in wrongful death cases?
- Why trust O’Brien & Ford PC to handle your wrongful death case?
- Frequently asked questions about Buffalo wrongful death cases
- Speak to one of our compassionate wrongful death lawyers
What is a wrongful death claim?
A wrongful death claim is a type of civil lawsuit filed by a representative of a deceased person’s estate against the person or party who caused the death. In New York, these claims can only be filed by the executor or court-appointed administrator of the victim’s estate on behalf of certain surviving family members.
In order to pursue a wrongful death claim, you generally must be able to show that your loved one died due to another party’s negligence. That means you must be prepared to prove that the alleged at-fault party in the case owed your loved one a legal duty of care and caused or contributed to their death by violating that duty.
While some fatal accidents may also lead to criminal prosecutions, wrongful death lawsuits are strictly civil in nature and focus on providing surviving family members with compensation for losses related to their loved one’s death. A wrongful death lawsuit will not lead to criminal penalties being imposed upon a defendant, but it can be an important step in helping grieving families move forward after suffering a tragic loss.
Testimonials
What Our Clients Say About Us
“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
Who benefits from a wrongful death claim in New York?
In New York, only the executor or other authorized representative of a deceased person’s estate can file a wrongful death lawsuit. The individual who files the lawsuit doesn’t necessarily receive any damages themselves, however. Depending on who survives the victim, a spouse, children, parents, or certain other relatives may serve as beneficiaries of the claim.
Some family members are surprised to learn that wrongful death damages are not necessarily divided equally or according to the victim’s will. Instead, each beneficiary’s share is apportioned based on the nature of their relationship with the deceased and the nature of the losses they suffered because of the death.
It’s important that these legal actions are undertaken by the right people and that family members understand how any compensation will be distributed in the event that a claim is successful. An experienced Buffalo wrongful death lawyer can help you understand how New York law may affect your legal standing and answer any questions you might have about the likely distribution of damages in your case.
Common causes of fatal accidents in Erie County
No one ever plans to have a loved one tragically taken from them, and fatal accidents can take place in the blink of an eye. As Buffalo wrongful death lawyers, we handle cases involving a wide range of fatal accident scenarios – some of which are more common than others. Some of the fatal accidents we handle include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Slip-and-fall accidents
- Dog attacks
- Drownings
- Accidents involving defective products
Not every accident results in an immediate death. Some victims will survive for an extended period of time following an incident only to succumb to their injuries later on. In these situations, surviving family members may still be within their rights to pursue a wrongful death claim as long as they can show that their loved one’s eventual death was caused by a negligence-related accident.
What compensation is available in a wrongful death case?
New York allows surviving beneficiaries to recover compensation for pecuniary losses resulting from their loved one’s death. These damages are intended to address the financial value of the support, services, and guidance the deceased person would have provided.
The damages in these cases are generally more limited than the damages available in other kinds of personal injury claims, however. That’s because the compensation awarded in a wrongful death suit is specifically intended to support the decedent’s beneficiaries rather than the decedent themself. As such, the judge or jury may award compensation for things like:
- Funeral expenses
- Burial costs
- Medical expenses related to the victim’s fatal injury that a beneficiary paid or is responsible for paying
- Lost financial support the victim would have provided had they survived
- Loss of inheritance
- The value of certain household services provided by the victim
- Loss of parental guidance
- Pre-death loss of consortium through a separate derivative claim, when applicable
In cases involving extreme or intentional misconduct, a judge or jury may order the defendant to pay punitive damages. These damages are meant to punish the at-fault party for their actions and send a strong signal warning others against engaging in similar conduct. Punitive damages may not be awarded in every wrongful death case. When they are awarded, they generally are not subject to a statutory cap under New York law, so the judge or jury can determine an amount that reflects the seriousness of the defendant’s misconduct.
Does comparative negligence apply in wrongful death cases?
If your loved one contributed to the accident that ultimately took their life, you may still be able to recover compensation under New York law. Under our state’s comparative negligence system, accident victims in most cases can pursue a claim against another party involved in their accident even if the victim’s level of fault was substantial. Even if your family member was 99% responsible for their own death, you may still have legal options available to help you recover compensation from the party that was 1% to blame.
Insurance companies and attorneys are well aware of comparative negligence and may attempt to leverage the system to dispute wrongful death claims. If you believe your family member may have been partially responsible for the accident that injured them, it’s important that you speak with an experienced wrongful death lawyer who can help you safeguard your family’s rights.
Why trust O’Brien & Ford PC to handle your wrongful death case?
If you’re grieving the loss of a loved one, we know that the mere thought of initiating a lengthy legal battle can feel like far too steep a hill to climb. That’s why our team is committed to providing responsive, experience-driven legal support to grieving families within our community. We know that this is not an easy road to navigate on your own, and we’ll do everything in our power to ease your burden so you can focus on the things and people that matter most to you.
Founding partner Chris O’Brien has been a member of the Million Dollar Advocates Forum since 1999 and has been recognized in The Best Lawyers in America® for plaintiffs’ personal injury litigation since 2012.
When you choose O’Brien & Ford PC to represent you, you can count on our team to:
- Know your name and answer the phone when you call
- Conduct a timely investigation into the accident that caused your loved one’s death
- Identify any and all parties who bear responsibility for your loss
- Gather and preserve vital evidence related to your claim
- Calculate what your wrongful death case is worth – even if it means we need to partner with outside experts
- Ensure your claim satisfies procedural requirements set forth by New York State law
- Aggressively represent your family during settlement negotiations with the defense
- Engage in transparent communication about the pros and cons of accepting a settlement offer
- Represent you in court if your case goes to trial before an Erie County judge or jury
We know you’re hurting. Let us help you fight for justice. Our wrongful death attorneys in Buffalo work on a contingency fee basis, so you won’t be expected to pay any attorneys’ fees unless we manage to recover compensation in your case. Even picking up the phone during a time like this can feel impossible, which is why our team is committed to connecting you with an experienced attorney within two minutes of your call.
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Visit Our Buffalo Offices
If someone you care about lost their life due to another person’s negligence, we want you to know that there are legal options available to help you get justice. Reach out online today or visit one of our local offices at 4549 Main St., Suite 201, or 701 Seneca St., Suite 208, to schedule a free, no-obligation consultation with one of our Buffalo-based wrongful death attorneys.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
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701 Seneca Street, Suite 208
Buffalo, NY 14210
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Frequently asked questions about Buffalo wrongful death cases
Who can file a wrongful death lawsuit in New York?
In New York State, only the personal representative of a deceased person can file a lawsuit on behalf of eligible surviving family members. The executor of the decedent’s estate may serve as this personal representative, or the court can appoint an administrator if necessary.
Can a claim be filed if the deceased person did not have a will?
How long do you have to file a wrongful death lawsuit?
What is my wrongful death claim worth?
What is the difference between wrongful death and a survival claim?
Speak to one of our compassionate wrongful death lawyers
Wrongful death cases must be handled with the utmost care and compassion, and the O’Brien & Ford PC team is committed to providing the quality of support you deserve during this time.