Buffalo Wrongful Death Lawyer
Suffering a serious injury that can take months, years, or even a lifetime to recover from is already difficult. Knowing a loved one has suffered and died because of those injuries can be just as difficult for you and your family to recover from. Worse, someone may have been responsible for their injuries, and they’re not willing to accept responsibility.
When this happens, you may need the help of a Buffalo wrongful death lawyer. At Brown Chiari LLP, we understand that recovering from the loss of a loved one is tough, but we’re here to ease your stress and help your family get closure and justice.
Who’s Eligible for a Buffalo Wrongful Death Claim?
The wrongful death of a loved one can be complex because someone may need to take legal action, but eligibility can be complicated. The person who was actually injured is no longer able to sue, and so someone else must act on their behalf.
In New York, only the personal representative of the estate may file a Buffalo wrongful death claim. Unless you’re also the personal representative, you may not have grounds for a lawsuit for your losses.
But that doesn’t mean you’re not eligible to receive compensation. For example, you may have been responsible for covering the costs of their funeral services or their burial. Your lawyer can help you seek answers from the personal representative about receiving the funds you’re due for these services.
What if My Loved One Died Due to Criminal Activity?
Losing a loved one to a car accident is already difficult. How do you recover if you’ve lost someone to an intentional attack that led to their death? Fortunately, you still have the option to sue, but criminal charges may impact your case.
Criminal and civil cases have different purposes. The criminal trial has a higher standard of evidence and can lead to imprisonment, fines, and other punishment. Civil claims are meant to compensate the victims of harm, and just require that the person harmed you through their negligent or intentional actions.
Typically, the criminal trial must commence before your civil case. But that may work in your favor. Any evidence used in the criminal trial may benefit and be used in your case. Even if they’re found not guilty of committing a crime, that evidence can still be used to prove they were careless and hurt someone with a Buffalo wrongful death attorney.
Damages Due for a Wrongful Death
Losing a loved one is a painful time, and you may be due damages to help you and your family recover. Unfortunately, calculating those damages can be difficult. Worse, if you don’t have the right tools, it’s easy to accept a settlement offer that doesn’t cover the costs of your losses. That means you could be paying out of pocket for the suffering you experienced.
Because of this, you may need to contact a wrongful death lawyer in Buffalo before you seek the following damages.
Economic Damages
The financial costs of a family death can get out of hand quickly. The costs of end-of-life care or emergency services alone may be out of control. That doesn’t include your long-term losses, like a lack of income if the deceased was the breadwinner for your family.
Your economic damages, or the financial costs of your injuries, should cover these losses and compensate you for the suffering you’ve experienced. Calculating these damages accurately is vital, though, as you don’t want to pay out of pocket for these losses. Talk to your lawyer about fairly adding up these damages.
Non-Economic Damages
Non-economic damages can be more complex because they’re intangible types of suffering. For example, you may know how much a needed surgery costs, but what about the disfigurement and mental anguish you may have experienced because of the injury?
Non-economic damages, or pain and suffering, can be calculated by your attorney before you enter the courtroom. They can determine the severity and impact of the deceased’s non-economic damages, and they can represent you in the courtroom to argue in favor of your family receiving these damages.
In New York, however, the family is not eligible to collect non-economic damages for their own suffering and grief. These damages must focus solely on the suffering of the deceased and provide compensation for those damages.
Punitive Damages
Some damages aren’t meant to compensate you for a specific loss you’ve suffered. Punitive damages are instead meant to punish the wrongdoer in hopes that the penalties will deter others from being so careless.
Seeking punitive damages is rarely easy because they’re not often awarded. To get them, you’ll need to prove the other person was wantonly negligent or that they intended to harm your loved one. If you believe this is the case, your Buffalo wrongful death attorney can help you get answers and seek the funds you’re due.
Proving Fault in a Buffalo Wrongful Death Case
When a loved one is fatally injured in Buffalo, you may have grounds for a lawsuit, but how do you know who to sue for the damages your family suffered? Typically, the details depend on your case and who caused the fatal injury.
For example, someone may have directly injured your loved one in a car accident or an intentional attack. In these cases, the person was acting negligently and should be held accountable.
But what if the other driver was on the clock? When someone is working and there’s an injury within the scope of their employment, the fault may fall on their employer. This also applies to doctors, who may be part of a hospital or doctor group responsible for accidents like this.
If you’re struggling to determine who’s at fault for your claim, let your lawyer help. They have the tools you need to get answers, gather evidence, and prove the other party was at fault. If you’re unsure where to start with your claim and proving liability, reach out for guidance.
What Evidence Can I Use for a Buffalo Wrongful Death Claim?
When you’ve lost a loved one to a Buffalo fatal accident, it can be difficult to prove that the other party was responsible for the injuries that led to their death. You may need guidance from a lawyer to gather the answers and evidence you need.
Below is just a sample of the evidence you may need for your claim:
- Police reports
- Photos of the accident scene
- Surveillance footage
- Expert witnesses
- Eyewitnesses
- Doctor exams
- Autopsy results
If you’re struggling to get evidence for your case, talk to a wrongful death lawyer in Buffalo about your claim. Your lawyer can guide you through the process and get the answers you need to move forward with your wrongful death claim.
Statute of Limitations for a Buffalo Wrongful Death
When a fatal accident happens in Buffalo, the clock starts ticking down for your possibility of compensation. New York has strict time limits on wrongful death claims, and if you don’t act in time, you may lose your chance to get compensated fairly for your suffering.
In New York, you only have two years to file a wrongful death claim. If you don’t act on time, your claim may be dismissed, leaving you to pay out of pocket for all the costs and losses you’ve suffered because of the fatal accident.
This time limit may be shorter in certain cases. This depends on who is the at-fault party for your claim. For example, if you lost a loved one because a doctor was negligent, you have two and a half years to file.
Likewise, because criminal cases may delay your lawsuit, you have more time if your loved one was killed due to criminal activity. Your time limit is set to only one year, but that year starts at the end of the criminal trial, which may last for months or years. Talk to your lawyer about your strategy and how to prepare your claim for these situations.
Reach Out to a Wrongful Death Lawyer in Buffalo
Losing a loved one can leave you suffering, heartbroken, and struggling to maintain your household. You shouldn’t have to worry about how you’ll pay the bills while facing your grief, all because someone else was careless with a loved one’s safety.
At Brown Chiari LLP, we know you’ve suffered a devastating loss, and we’re here to help you and your family recover during this difficult time. When you’re ready to speak with a Buffalo wrongful death lawyer, we offer free consultations, so you know what to expect before you accept. To learn more, call 716-681-7190 or complete the online contact form below.
