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Buffalo Wrongful Death Attorney

Losing a loved one under tragic circumstances is devastating. At Towey Law, PLLC, our compassionate legal team of Buffalo wrongful death lawyers are here to help. If you suspect your loved one’s death is due to an act of negligence or carelessness, our wrongful death attorneys in Buffalo may be able to get the answers you need.

While wrongful death claims are difficult, they can be necessary to attain justice and closure. Monetary compensation will never alleviate your grief, but it can serve to ease any unexpected financial burdens caused by a loved one’s untimely death.

Our Buffalo personal injury lawyers will handle your claim with sensitivity and respect. Schedule a free consultation by calling (716) 300-8232.

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Why Hire A Buffalo Wrongful Death Attorney From Towey Law?

Buffalo Wrongful Death Attorney

As native Buffalonians, the attorneys of Towey Law PLLC are dedicated to serving the people of the community:

What Does A Buffalo Wrongful Death Attorney Do?

Wrongful death claims are sensitive and emotional. They deserve to be handled with compassion and dignity. Towey Law, PLLC, has helped many families put their lives back together after a devastating loss.

It is important to know that, whether criminal charges have been filed or not, you are still entitled to seek justice for your loss in civil court. Our Buffalo car accident lawyers believe that when someone’s negligence results in the loss of a loved one, they should be held accountable.

Wrongful death claims are a critical component of the justice system. They serve to deter others from engaging in the same careless behavior. Families of lost loved ones pursue wrongful death suits to:

  • Prevent future deaths by bringing attention to the negligent act
  • Gain answers to questions that linger after a tragedy
  • Help achieve closure so they can grieve in peace

Wrongful death claims are not filed for financial gain, but the amount of compensation will represent the severity of wrongdoing. Let Towey Law, PLLC, answer your questions about wrongful death claims, address the careless and reckless actions that led to your loss, and help avert more unnecessary tragedies.

How Can a Buffalo Wrongful Death Attorney Help?

If you have lost a loved one under preventable circumstances, our compassionate attorneys are here for you. We can help families who have suffered losses involving:

If a loved one passed away due to the events of a motor vehicle accident, call our Buffalo truck accident lawyers today.

When Should You Call a Wrongful Death Attorney in Buffalo?

Signs that someone contributed to your loved one’s loss of life can be very hard to pinpoint. You should not wait to contact our Buffalo wrongful death attorney if any of the following occur:

  • You cannot get a straight answer as to why your loved one died. There is something missing in what they are telling you.
  • You know that your loved one suffered intensely through no fault of their own.
  • The insurance company is avoiding you or is unwilling to provide information.

If you suspect your loved one died as a result of someone else’s negligence, contact us for a free consultation. Let us review your case. There is no cost, but we will provide you with answers.

How Our Wrongful Death Attorney in Buffalo Builds Your Case

If you suspect that someone’s action caused your loved one to lose their life, you have every right to want to pursue legal action, and we will help you. There are numerous parts to this process, and all of them involve carefully working within the law to reach a fair level of compensation. You can expect us to do the following.

Complete a Full Investigation

Investigating the accident and resulting injuries is critical. In a wrongful death case, the victim cannot tell us what they experienced before, during, or after the events, and that means we need to gather as much evidence as possible to build a claim like this. To do that, you can expect our Buffalo wrongful death attorney to:

  • Gather witness statements from anyone involved
  • Pull video or surveillance footage that demonstrates what occurred or why
  • Gather any records that may show the incident could have been prevented
  • Bring in our network of industry professionals to verify what occurred and how it happened to result in the losses
  • Work with medical experts to testify to what occurred

Over time, this evidence becomes harder to obtain or is even destroyed. We encourage you to contact our Buffalo wrongful death attorney immediately for help. Let us secure this data now.

We Define Dispute on All Parties

In a car accident, the driver’s employer may be responsible. If your loved one suffered an injury at work, the manufacturer of faulty equipment may be responsible. We want to look at all types of strategies for extending access to fair compensation. By taking these steps, we safeguard your right to pursue full compensation.

If more than one person is at fault, those parties should all pay for the losses your loved one and your family continue to experience. Expect our Buffalo wrongful death attorney to work towards proving that.

Outline All of Your Losses

You can expect us to be aggressive in determining all of your financial compensation rights. Remember that insurance companies have no intention of providing you with what is actually fair. Instead, they expect you to settle for a fraction of what is owed. We make sure that no losses are left on the table.

That is important for families. Many victim families just want to move forward and have no idea what their real losses are. Our Buffalo wrongful death attorney will ensure you know what your rights are and allow you to pursue fair compensation you can use to fit your lifetime of needs.

We Handle the Insurance Company

Once we have a claim to make, we work with the insurance company to present it and negotiate fair compensation. In these types of accident losses, you can expect insurance companies to be very aggressive in pursuing any strategy they can to reduce compensation.

We want to avoid that so that you can get fair treatment. Because of our extensive experience, you can expect our Buffalo wrongful death attorney to be able to create a strong claim that the insurance company cannot just ignore. We are ready to help you.

Go to Court When Needed

Settlements are common and are often the easiest way for families to move on. Yet, there are many situations where this is not the case, especially when there is considerable financial loss to navigate. When and if we need to do so, we will file a wrongful death lawsuit against those involved and then pursue all steps towards a trial.

Even after filing a lawsuit, the other party may agree to settle. This gives us the upper hand in pursuing additional compensation owed to you. Do not wait to let us get to work.

Who Can File a Wrongful Death Claim in New York?

If you wish to file a wrongful death claim after losing a loved one in New York, you must be classified as the personal representative (also referred to as the administrator or executor) of the deceased individual’s estate. New York law does not allow family members to file this type of claim unless the individual is also the personal representative of the estate. If your family member passed after the accident due to injury, the family can file a survival action claim.

What Damages Are Available in a Buffalo Wrongful Death Claim?

Holding someone accountable for wrongful death allows your family to obtain justice for a preventable accident in Buffalo. It can also provide surviving family members and beneficiaries with financial relief in the face of expensive funeral costs and lost earnings. The damages available in a wrongful death lawsuit in New York include:

  • Funeral and burial expenses, up to a reasonable amount
  • Any outstanding medical bills related to the wrongful death
  • Financial support the decedent would have contributed over his or her lifetime
  • The value of lost nonfinancial support and services, such as household services
  • The value of lost parental guidance, nurturing, love, and care to surviving children
  • Lost inheritance
  • Pain and suffering endured by the decedent until the time of death

These damages are awarded to surviving close family members or the estate to compensate them for wrongful death. The amount of damages awarded will depend on the situation, such as the age of the decedent at the time of death, his or her earnings, the actions of the defendant, and the insurance coverage available. Note that New York law does not currently permit the recovery of mental anguish, loss of companionship, or pain and suffering damages for a family’s losses. 

In some cases, punitive damages may be awarded to victims of a wrongful death case. Punitive damages in wrongful death claims are intended to punish the defendant and deter people from committing the same negligent actions.

What Is the Statute of Limitations on a New York Wrongful Death Lawsuit?

You do not have an unlimited amount of time in which to file a wrongful death claim in New York. According to New York Estates, Powers & Trusts Law Section 5-4.1, any action brought by a personal representative for a wrongful act, neglect or default that causes the death of an individual must be commenced within two years of the decedent’s death.

If the defendant involved in your wrongful death case is also facing criminal charges for your loved one’s death, such as for homicide or vehicular manslaughter, you will be given one year from the termination of the criminal action to file your lawsuit, notwithstanding that the statute of limitations has already expired or has less than one year remaining.

Another exception exists for deaths that stem from medical malpractice. In this case, the statute of limitations is extended to two and a half years from the date of the victim’s death (New York Civil Practice Law and Rules Section 214-a). In addition, if the death involves a foreign object left behind in the body of a patient, the action can be commenced within one year of the date of discovery.

If you miss your statute of limitations, the courts will most likely dismiss your case. It is important to contact a wrongful death attorney in Buffalo as soon as possible after you suspect that one or more parties caused or contributed to your loved one’s fatal injury or illness. This is the best way to make sure you meet the deadline in New York. 

Impact of the Grieving Families Act on New York’s Wrongful Death Laws 

The Grieving Families Act (S.74-A/A.6770) was passed on June 4th, 2024, and allows for the recovery of damages for surviving family members’ grief and anguish, separate and apart from any pecuniary loss. In addition, it would change the statute of limitations to three years after the decedent’s death. Our Buffalo wrongful death lawyers are watching the progress of this bill daily to remain updated on the latest version of New York’s wrongful death statute.

How to Handle Insurance Companies After Losing a Loved One in an Accident

Many victims come to us after insurance companies deny their claims or tell them that their loved one’s loss of life is not worth as much as they believe. Our Buffalo wrongful death attorney does not stand for that. Instead, we cut through all of the insurance company’s strategies to eliminate risks to our clients. You cannot trust an attorney:

  • They will try to make you settle fast. That often means they are only offering compensation that is a fraction of what you are owed.
  • The insurance company may even shift some of the blame onto your lost loved one. That is often not fair, especially when they cannot be there to fight for themselves.
  • Insurance companies will deny and delay claims without reason. That is when hiring our legal team becomes critical. We make sure they treat you fairly.

Many times, insurance companies will approach victim families with an offer. This is not the final say in the value of your claim. Most of the time, it is not even a fraction of what they owe you. Let our Buffalo wrongful death attorney work to maximize your claim.

Visit Our Buffalo Wrongful Death Law Firm Today

The esteemed Buffalo construction accident attorney of Towey Law, PLLC, will represent your family’s claim with the respect and sensitivity it deserves. Most suits are settled out of court. However, if your case proceeds to trial, our Buffalo wrongful death attorneys will fight by your side. We will honor the memory of your lost loved one by seeking justice and striving to get the closure you and your family need to move on.

Contact our compassionate legal team today and schedule a free consultation. You can contact us by clicking here or calling (716) 300-8232.


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