The loss of a loved one is never easy, especially when it happens tragically and unexpectedly as a result of someone else’s negligence. Most people are not sure what they need to do after a loved one passes away, and things become far more complicated for surviving family members in the aftermath of a wrongful death accident.
In your grief, you may not know where to turn or the next steps to take. It is vital that you get legal support for wrongful death claims in Buffalo. You will find the compassionate representation you need through Mazzu Law with a Buffalo wrongful death attorney who will be by your side throughout your wrongful death claim.
A wrongful death lawyer in Buffalo, NY, can provide you with the wrongful death legal services you need. Since New York wrongful death laws can be complicated and you do not need more added stress as you grieve, contact an experienced wrongful death attorney with our law firm today to discuss your wrongful death case with our caring legal team.
Understanding Wrongful Death Claims
A wrongful death claim can arise from any type of negligent act. It could be from a car accident, motorcycle accident, or another type of motor vehicle accident. Medical malpractice, construction accidents, and slip-and-fall accidents are other causes of wrongful death cases.
If one of these tragedies has led to a loved one’s death, you can file a wrongful death claim. However, a Buffalo wrongful death lawyer can help you every step of the way through your Buffalo wrongful death lawsuit.
It is also important to know that only certain people are allowed to file a wrongful death action. In Buffalo, NY, only certain people are entitled to wrongful death recovery. The law requires you to be classified as the personal representative, administrator, or executor of the deceased individual’s estate. New York state law does not allow family members to file a wrongful death claim unless that person is listed as the representative of the decedent’s estate.
The only legal recourse surviving family members have is to file a survival action claim if their family member passed after an accident caused by someone else’s negligent acts. This could include the surviving spouse, surviving children, or parents of a minor child.
Trying to navigate the complexities involved with filing a wrongful death case after a loved one’s death can be incredibly overwhelming. Our Buffalo wrongful death attorneys understand the pain you feel as you try to grapple with grief and represent you with compassion at every point during your wrongful death lawsuit. Contact Mazzu Law today to get a free consultation with our compassionate legal team.
What Is the Legal Process for a Wrongful Death Case?
When you have a wrongful death lawsuit, it must be shown that wrongful conduct occurred that led to the decedent’s death. Not only is this a challenge to do without a Buffalo wrongful death lawyer, but it is also ill-advised. Buffalo Personal injury attorneys use evidence to show that the victim’s death was a result of this wrongful act.
To hold the liable party accountable for the suffering endured, grieving families should turn to Buffalo wrongful death lawyers to show negligence in a loved one’s wrongful death. Our personal injury lawyers in Buffalo, NY, will fight for the wrongful death damages you deserve by proving the defendant was reckless or negligent, leading to the decedent’s death by establishing:
Duty of Care
The first thing that must be established in this type of personal injury case is that the liable party owed a duty of care to your loved one. For example, when driving, every driver owes this duty of care to follow the rules of the road and drive safely.
Breach of Duty
When a driver acts negligently and runs a red light or is driving while intoxicated and causes a car accident, it is a breach of duty to those who are accident victims. Unfortunately, when a person dies in this scenario, only the personal representative is permitted to seek justice.
Causation
A car accident that causes a death must be linked to that negligent behavior. With our dedicated lawyers, you can rest assured that we will fight to uphold your legal rights by linking the accident with the death of your loved one.
Damages
The final element for a valid wrongful death claim is showing that you as the personal representative suffered damages. These may include the loss of financial support from your loved one’s expected earnings, the medical bills that resulted from their injuries before their death, funeral expenses, burial expenses, or the value of household services.
It can be incredibly difficult to recover compensation without the support of personal injury lawyers. We understand the intricacies of the laws related to wrongful death caused by personal injury and prepare from the start to fight for you in civil court. Contact us today to get a free case review and let us help you through the next steps in your case.
Compensation for New York Wrongful Death Lawsuits
As the personal representative of your loved one’s estate, you will be able to recover damages. Although no amount of money could ever replace your loved one, the compensation you receive can help provide financial support in the wake of your loss.
In New York, this would allow you to seek compensation for medical bills that accumulated for treating your loved one for their injuries before their passing, funeral and burial expenses, lost wages and loss of future earnings, loss of parental guidance, and loss of services the victim provided.
Factors That Can Affect Compensation for Wrongful Death
The age and life expectancy of your loved one play a role in the compensation awarded. For example, if your spouse died in a car crash and was under the age of 30, it is reasonable to assume they would have provided for you for many more years than someone who passed in their 50s.
Insurance coverage may also play a role in what you could receive. The size of the policy will matter for coverage limits, though this is something your personal injury lawyers will take over on your behalf.
In 2019, New York passed a law that limited the non-economic damages survivors may seek after the untimely and tragic loss of a loved one. The law blocked compensation for the sorrow, mental anguish, and loss of companionship that they experience after having a loved one suddenly ripped from their lives, only allowing for seeking damages for the pain and suffering as well as fear of impending death experienced by the decedent.
However, the Grieving Families Act, passed in 2024, allows for the recovery of damages for surviving family members’ grief and anguish, separate and apart from any monetary losses. The statute of limitations was also extended to three years for wrongful death cases.
At Mazzu Law, we know how difficult this is for you and how confusing changes to these laws can be in determining what you are permitted to seek for compensation. Our attorneys have a full grasp of these new laws, and our law office is committed to providing the compassion you deserve to allow you to grieve while fighting for justice. If you have lost a loved one due to wrongful death, contact us today to schedule a free consultation.
Choosing the Right Buffalo Wrongful Death Attorneys to Help You with Your Legal Claim
Wrongful death claims are highly charged and emotional, and we know you have been through enough already. While we cannot bring back your loved one, we can be by your side throughout this ordeal and help you through to better days ahead.
We provide the empathy to support you through this difficult time. It is our mission to fight for justice after this devastating loss. Wrongful death cases can provide the financial recovery you have lost by losing your loved one while serving to deter others from behaving in the same way as the defendant.
With your wrongful death suit, we can bring the closure you need to move forward. Losing a loved one is perhaps one of the most painful things any person can experience. Whether it was your spouse, parent, or child, you deserve to be treated with empathy and have unwavering support that stands up to the legal challenges ahead.
When you choose the wrongful death attorneys at Mazzu Law in Buffalo, NY, you will no longer be in this alone. Contact us today for your free case evaluation.
Steps to Take If You Have Lost a Loved One in a Wrongful Death Act
If you are the immediate relative of a loved one who was wrongfully killed by negligent behavior, It is important to take the right steps for justice. Remember, you need to be the personal representative—and New York’s laws are quite complicated.
Gathering evidence of everything that happened is critical. For example, if it was an auto accident that took your loved one away, you will want the police report, especially if the other driver was issued a citation for driving or was arrested for breaking the law. You will also want any medical records for treatments administered before your loved one’s passing, the death certificate, and any other information that could be useful in your case.
The most important step is legal representation that will stop at nothing to hold those responsible for the loss of your loved one accountable. Contact Mazzu Law today to get the legal counsel you need in your time of need.