Losing a loved one unexpectedly is one of the most difficult experiences a family can face. When the death occurs because of another person’s negligence or misconduct, the grief is often accompanied by unanswered questions, anger, and uncertainty about what comes next.
In Buffalo and throughout Western New York, fatal accidents can occur in many settings, including on busy roadways like the Kensington Expressway, at construction sites along the Buffalo waterfront, in medical facilities across Erie County, or in workplaces throughout the region. When a preventable tragedy occurs, surviving family members may have the legal right to pursue a wrongful death claim against the responsible parties.
The Buffalo, NY wrongful death lawyers at Greenberg Gross represent families who are seeking accountability after the loss of a loved one. While no legal action can undo the harm that has occurred, pursuing a wrongful death case can help families understand what happened, hold responsible parties accountable, and recover financial support for the losses they have suffered.
If you believe your family member’s death was caused by someone else’s negligence, understanding how New York wrongful death laws work can help you determine what legal options may be available. Reach out to our dedicated wrongful death attorneys for a free consultation where we will listen to your story, answer your questions, and explain your rights.
Greenberg Gross LLP is ready to stand by your side
What Is a Wrongful Death Claim Under New York Law?
Under New York law, a wrongful death occurs when a person dies because of another party’s negligent, reckless, or wrongful conduct. The legal framework for these claims is established by New York Estates, Powers and Trusts Law (EPTL) § 5-4.1.
A wrongful death case is similar to a personal injury claim that the injured person would have been able to bring if they had survived. When the injury results in death, the law allows certain surviving family members to pursue the claim on behalf of the deceased person’s estate.
These cases can arise from many types of incidents, including:
- Motor vehicle accidents
- Medical malpractice
- Construction or workplace accidents
- Defective products
- Nursing home neglect or abuse
- Unsafe property conditions
In each situation, the central legal question is whether another party’s actions or failure to act caused the fatal injury.
Who Can File a Wrongful Death Lawsuit in New York?
New York law requires wrongful death lawsuits to be filed by the personal representative of the deceased person’s estate. In Buffalo cases, this individual is typically appointed by the Erie County Surrogate’s Court and may be named in the deceased person’s will or appointed by the court if no will exists.
Although the personal representative files the claim, the compensation recovered in a wrongful death case is intended to benefit surviving family members. Eligible beneficiaries may include:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
- Other dependents in certain circumstances
Because these cases involve both estate law and personal injury law, navigating the legal process can be complex. Our wrongful death team can help determine who has the legal authority to pursue the claim as one of the first steps in the process.
Common Ways Fatal Accidents Occur in Buffalo
Fatal accidents can occur in many circumstances across Buffalo and the surrounding communities. Busy transportation corridors, such as Interstate 190, the Scajaquada Expressway, and major routes through Cheektowaga and Amherst, see heavy traffic year-round. Motor vehicle crashes involving speeding, distracted driving, or impaired drivers are among the most common causes of wrongful death claims.
Fatal workplace accidents also occur in industries that are central to the region’s economy. Construction projects, manufacturing facilities, and transportation operations all carry inherent safety risks when proper precautions are not followed.
Medical negligence may also lead to wrongful death when healthcare providers fail to diagnose serious conditions, perform procedures incorrectly, or neglect critical patient care responsibilities.
In each of these scenarios, determining exactly what happened requires a careful exploration of the facts. You can trust our legal professionals to perform a thorough investigation to determine what caused the situation that led to your loved one’s death.
What Must Be Proven in a Wrongful Death Case
To succeed in a wrongful death claim, we must prove the same basic elements that are required in a personal injury claim. The goal is to demonstrate that another party’s conduct caused the fatal injury.
In legal terms, this generally requires establishing four key elements:
- First, the responsible party must have owed a duty of care to the deceased person. Drivers, property owners, medical professionals, and employers all have legal obligations to act in ways that protect others from harm.
- Second, the evidence must show that the responsible party breached that duty. A driver who runs a red light, a doctor who ignores obvious symptoms, or a company that disregards safety regulations may all be considered to have violated their duty of care.
- Third, the breach must have caused the fatal injury. Establishing causation often requires medical records, expert testimony, accident reconstruction, or other forms of evidence.
- Finally, the surviving family must show that the death caused measurable financial losses.
Although these elements may sound straightforward, wrongful death cases frequently involve complex disputes over liability, medical causation, and the financial impact of the loss.
What If My Family Member Was Partially at Fault for the Accident? The Basics of Comparative Fault in New York
In some fatal accident cases, more than one party may share responsibility for what happened.
New York follows a pure comparative negligence rule. This means liability can be divided among multiple parties based on each party's percentage of fault.
For example, a driver who struck and killed a pedestrian may bear most of the responsibility for the death, but if the pedestrian stepped into traffic outside a marked crosswalk, they may also share some portion of the blame.
Even if the deceased person contributed to the circumstances leading to the accident, a wrongful death claim may still be possible. However, the court will reduce the damages awarded to the deceased person’s family based on the percentage of responsibility attributed to the deceased.
Because determining who was at fault, especially in shared fault situations, can require a detailed analysis of evidence and expert testimony, wrongful death cases can become highly contested. A dedicated injury lawyer will work to minimize the amount of fault attributed to your family member to maximize the amount of compensation you may receive.
What Damages Are Available in a New York Wrongful Death Claim?
New York law allows surviving families to recover compensation for the financial losses resulting from the death. These damages are intended to address the economic impact the loss has on the family.
Examples may include compensation for:
- Lost income and financial support the deceased would have provided
- Funeral and burial expenses
- Medical costs related to the final injury or illness
- The value of the services the deceased provided to the household
New York law also allows certain damages for the pain and suffering the deceased experienced before death through what is known as a survival action. Every wrongful death case is unique, and the damages available depend heavily on the circumstances of the loss and the evidence presented. Let us explain which damages may be allowed in your claim during a free consultation.
How We Investigate Fatal Accidents in Buffalo, NY
Determining what caused a fatal accident is often far more complicated than it initially appears.
Insurance companies and defense attorneys will conduct their own investigations immediately after an incident. These investigations may attempt to shift blame, minimize the severity of negligence, or challenge the financial impact of the loss.
Our thorough independent investigation may involve reviewing:
- Accident reports and police records
- Medical documentation
- Surveillance footage
- Witness statements
- Workplace safety records
- Vehicle data or electronic records
In many cases, experts such as accident reconstruction specialists, medical professionals, or financial analysts play an important role in evaluating the evidence. At Greenberg Gross, we have the financial and expert resources to build a strong claim for the compensation your family deserves.
How Our Buffalo Wrongful Death Lawyers Can Help
Families who have lost a loved one often feel emotionally drained by the legal and financial challenges that follow a fatal accident. While grieving, families may suddenly face extensive bills, insurance negotiations, complex legal procedures, and questions about the overall financial consequences of their loss.
Our compassionate wrongful death lawyers help guide families through this process by shouldering the legal aspects of the case, including:
- Investigating the cause of the accident
- Identifying responsible parties
- Gathering evidence to support the claim
- Communicating with insurance companies and defense counsel
- Calculating the financial losses associated with the death
- Pursuing compensation through settlement negotiations or litigation when necessary
By managing these responsibilities, legal counsel allows families to focus on their personal grieving process and supporting one another during this difficult time.
How Long Do I Have to File a Wrongful Death Claim in New York?
Like most legal claims, wrongful death lawsuits are subject to strict filing deadlines. TheNew York statute of limitations for most wrongful death claims is two years from the date of death. Missing this deadline can result in the court dismissing the claim.
Certain circumstances may affect the timeline, such as cases involving government entities, which may impose additional notice and shorter filing requirements. Because these deadlines can significantly impact a family’s legal rights, it’s crucial to seek legal guidance early to help ensure that important evidence is preserved and deadlines are not missed.
Reach out to the team at Greenberg Gross as soon as possible after the death of a family member due to another person’s negligence.
Frequently Asked Questions About Wrongful Death Claims in Buffalo
What is the difference between a civil wrongful death claim and a criminal case?
A wrongful death claim is a civil lawsuit seeking financial compensation for the losses caused by a death. A criminal case, by contrast, involves government prosecution and focuses on punishment such as fines or imprisonment. Both proceedings may arise from the same incident, but they serve different purposes. If no criminal charges are filed, or if the at-fault party is not convicted, you may still have the right to bring a civil claim for your losses.
What if the deceased person did not have a will?
If the deceased did not leave a will, the Surrogate’s Court can appoint a personal representative to manage the estate and pursue any wrongful death claim. This process is part of the probate system and helps ensure that compensation is distributed in accordance with New York law.
Will a wrongful death case require a trial?
Many wrongful death cases are resolved through negotiated settlements before reaching trial. However, we prepare every case as if we will go to trial to give us a better negotiation position during settlement discussions and to influence how insurers and defendants evaluate the claim. If a fair settlement is not possible, we will always be ready to present your case in court.
How long does a wrongful death case usually take?
The timeline for a wrongful death case varies depending on the complexity of the accident, the number of parties involved, and whether liability is disputed. Some cases resolve within months, while others may take longer if litigation becomes necessary. Our team will fight for your rights until we achieve a fair resolution, whether through settlement or verdict.
Contact the Buffalo Wrongful Death Lawyers at Greenberg Gross for a Free Consultation
The loss of a loved one can leave families facing emotional devastation and financial uncertainty. When that loss occurs because of someone else’s negligence or misconduct, many families want to know what happened and whether the tragedy could have been prevented.
The Buffalo, NY wrongful death lawyers at Greenberg Gross represent families throughout Western New York who are pursuing accountability after fatal accidents. Our team can investigate the circumstances of your loss, identify all responsible parties, and advocate for your family as we seek justice for your loved one.
If your family is coping with the loss of a loved one due to a preventable accident, reach out to the Buffalo wrongful death lawyers at Greenberg Gross to better understand your legal rights and the steps that may be available to protect your family’s future.