BUFFALO WRONGFUL DEATH LAWYERS

Losing a loved one without warning is heartbreaking. When a death occurs because a person or company failed to act responsibly, New York law allows surviving families to pursue accountability through a wrongful death claim.

In Buffalo and throughout New York, a wrongful death may arise when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. These claims are meant to address both the financial consequences of the loss and the profound personal impact on surviving family members.

To establish a wrongful death case, it must generally be shown that:

• The responsible party owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family suffered measurable losses

Under New York law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, with any recovery pursued for the benefit of eligible surviving family members.

As a major Western New York city with busy roadways, harsh winter weather, industrial facilities, and dense residential areas, Buffalo sees certain types of fatal accidents more frequently than others.

Common local causes of wrongful death may include:

• Car and motorcycle crashes on I-90 (New York State Thruway), I-190, Route 33, and major city arterials
• Pedestrian fatalities at busy intersections and in high-traffic urban corridors
• Commercial truck accidents involving regional freight and cross-border traffic
• Construction and industrial workplace accidents, including falls and equipment failures
• Fatal slip-and-fall incidents caused by unsafe property conditions or winter ice and snow
• Medical malpractice at hospitals, nursing homes, or long-term care facilities
• Defective or dangerous consumer or industrial products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Each of these situations may give rise to a civil wrongful death claim under New York law, which is separate from any criminal investigation or prosecution.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a Death Certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather Evidence

Collect any medical records, accident reports, photographs, witness statements, or other relevant documentation that could support your claim. If the death occurred in a workplace or medical setting, request records related to procedures, treatments, or safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine Who Can File a Claim

Under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. Any recovery is pursued on behalf of eligible surviving family members, such as a spouse, children, or parents.

Be Aware of the Statute of Limitations

Each state has a specific deadline for filing a wrongful death claim. New York’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the Financial and Emotional Impact

Wrongful death claims can help recover damages for medical expenses, funeral costs, lost income, and emotional suffering. An attorney can help calculate the full extent of losses.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a direct link between the responsible party’s actions (or failure to act) and the death. For example, if a doctor misdiagnosed a treatable illness and the patient died as a result, that could establish a valid claim.

Do I have legal standing to file a wrongful death claim in New York?

In New York, only the estate’s personal representative has legal standing to file a wrongful death lawsuit. The claim is pursued for the benefit of eligible beneficiaries, which may include:

• A surviving spouse
• Children of the deceased
• Parents, in certain circumstances

Are there recoverable damages?

A valid case must include measurable damages, such as:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost wages and future earnings

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

New York law clearly distinguishes who may file a wrongful death lawsuit and who may recover damages. Under New York law, a wrongful death action must be filed by the personal representative of the deceased person’s estate, either an executor or administrator.

Any compensation recovered is pursued on behalf of eligible surviving family members, known as statutory beneficiaries. Depending on the circumstances, those beneficiaries may include:

• A surviving spouse
• Children of the deceased
• Parents of the deceased, if there is no surviving spouse or children

New York law does not permit siblings or other relatives to recover damages based solely on financial dependence.

If no personal representative has been appointed, one must be formally appointed through the New York Surrogate’s Court, typically in the county where the deceased lived or where the estate is being administered, before a wrongful death lawsuit may proceed.

Under New York law, wrongful death claims are subject to a specific statutory filing period that typically begins on the date of death. Certain cases may involve additional procedural requirements or different timing considerations, including:

• Wrongful deaths arising from medical malpractice
• Claims involving state or local government entities
• Situations where required notices must be filed before a lawsuit can proceed

Because these deadlines are strictly enforced—and missing them can prevent recovery entirely—it is critical to take action as early as possible.

A wrongful death lawsuit and a criminal case may arise from the same incident, but they serve different purposes and follow different legal standards under New York law.

Purpose of the Case

• A wrongful death lawsuit is a civil action brought to address the financial and personal losses suffered by surviving family members. Its purpose is to seek compensation for damages such as medical expenses, funeral costs, lost income, and the impact of the loss on the family.
• A criminal case, by contrast, is brought by the State of New York to determine whether a crime occurred and to impose penalties such as incarceration or fines.

Burden of Proof

• In a wrongful death case, the plaintiff must show that it is more likely than not that the defendant’s actions caused the death.
• Criminal cases require a much higher standard: proof beyond a reasonable doubt.

Who Brings the Case

• A wrongful death lawsuit is filed by the personal representative of the deceased person’s estate, on behalf of eligible surviving family members.
• Criminal cases are prosecuted by government authorities.

Possible Outcomes

• A civil wrongful death case may result in a financial award but does not involve jail time or criminal punishment.
• A criminal case can result in incarceration, probation, fines, or other penalties, but it does not provide compensation to the family.

Civil and criminal cases may proceed separately and independently. Even if no criminal charges are filed, or if a criminal case does not result in a conviction, a wrongful death lawsuit may still be pursued under New York law.

A wrongful death lawsuit and a survival action are both legal claims that arise when someone dies due to another party’s negligence, but they serve different purposes. A wrongful death lawsuit is meant to compensate the deceased person’s surviving family members for their losses. This can include funeral and burial costs, the loss of financial support, and the emotional toll caused by the death. It focuses on the impact the loss has on those left behind.

On the other hand, a survival action is filed by the deceased’s estate and seeks damages for the suffering and financial losses the person experienced before passing. If the deceased endured medical treatment, pain, or lost wages between the time of injury and death, the survival action ensures those damages are accounted for. Instead of focusing on the family’s loss, it essentially continues the legal claim the deceased would have had if they had survived.

The key difference is timing. Wrongful death claims address losses that occur after a person’s death, while survival actions cover what the deceased went through before passing. In many cases, both claims can be pursued together to fully compensate for the financial and emotional consequences of the loss.

Under New York Estates, Powers and Trusts Law EPTL § 5-4.3, compensation in a wrongful death case is limited to the pecuniary (financial) losses suffered by the deceased person’s statutory beneficiaries. New York law does not permit recovery for grief or emotional suffering resulting from the loss itself.

Recoverable Economic (Pecuniary) Damages May Include:

• Medical expenses related to the fatal injury
• Funeral and burial costs
• Lost wages and the value of future earnings
• Loss of employment benefits, such as health insurance or pension contributions
• Loss of household services and financial support
• Loss of parental care, guidance, and nurturing, when applicable

Damages Not Available Under New York Law:

• Loss of companionship
• Mental pain and suffering of surviving family members
• Loss of consortium in a wrongful death claim

Punitive Damages

In limited cases involving egregious conduct, such as gross negligence, recklessness, or intentional wrongdoing, EPTL § 5-4.3 allows punitive damages to punish the responsible party and deter similar misconduct.

Proving liability in a wrongful death case requires showing that the defendant’s actions, or failure to act, directly caused the death of the deceased. While these cases can be complex, they are generally based on legal theories such as negligence, recklessness, or intentional misconduct.

Establishing Negligence or Other Legal Fault

In most wrongful death cases, the personal representative of the deceased person’s estate must establish that the defendant engaged in conduct that caused the fatal injury.

Proving Negligence in a Wrongful Death Claim

To prove negligence, the following elements must generally be shown:

• Duty of Care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical providers must meet accepted standards of care.
• Breach of Duty: The defendant failed to meet that duty by acting, or failing to act, in a reasonably safe manner.
• Causation: The breach was a proximate cause of the death, meaning it directly led to the fatal injury or illness.
• Damages: The death resulted in quantifiable pecuniary losses, such as lost income, medical expenses, funeral costs, or loss of financial support.

Intentional Misconduct (Murder or Assault)

If the defendant's actions were intentional or malicious (such as in cases of murder or assault), the plaintiff must prove:

• Intent: The defendant meant to cause harm or acted with reckless disregard for the deceased's safety.
• Causation: The intentional conduct directly led to the death.

Gather Evidence to Prove Liability

Proving liability often requires various forms of evidence, including:

• Medical Records: These show the cause of death and whether it was related to the defendant’s actions (an injury from a car accident, medical malpractice, or workplace accident).
• Eyewitness Testimony: Statements from people who witnessed the incident can help establish what happened.
• Expert Testimony: Experts, such as doctors, accident reconstruction specialists, or economists, may be called to testify on medical issues, the cause of death, or the financial impact of the loss.
• Accident Reports: Police or accident reports (from a car crash) can help establish liability, especially if they show the defendant’s wrongdoing or negligence.
• Photographs or Video: Evidence like surveillance footage, photos of the scene, or video recordings can be powerful in proving the cause of the fatal incident.

Prove Proximate Cause

You must show that the defendant's actions were the proximate cause of the death, meaning the actions were a substantial factor in causing the fatal incident. This involves:

• Showing that the defendant’s conduct directly led to the death.
• Demonstrating that no other intervening cause was responsible for the death.

Proving that the injuries sustained were significant enough to result in the fatality (fatal injuries from a car accident, defective product, or medical error).

Defend Against Possible Defenses

The defendant may attempt to show that:

• Contributory negligence: The deceased was partially at fault for their own death.
• Assumption of risk: The deceased knowingly put themselves in a dangerous situation.
• Comparative negligence: The deceased was partially responsible for the accident, and this should reduce the damages.

You will need to counter these defenses with evidence showing that the defendant was primarily at fault.

Legal Representation

Wrongful death cases in Buffalo often involve complex circumstances, including commercial vehicles, construction sites, medical facilities, or large corporate defendants. These cases frequently require detailed investigations, expert analysis, and careful navigation of New York’s wrongful death laws.

An experienced wrongful death attorney can help by preserving evidence, interviewing witnesses, consulting qualified experts, and building a case that clearly establishes liability and pecuniary loss under New York law. Strong legal representation can make a meaningful difference in protecting your family’s rights throughout the process.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes. Insurance often plays a central role in wrongful death claims, as many cases involve insurance policies that may provide compensation to eligible beneficiaries.

Liability Insurance

In many wrongful death cases, such as those involving car accidents, commercial vehicles, unsafe property conditions, or professional negligence, the responsible party may carry liability insurance. That insurer typically defends the claim and may pursue a settlement to resolve the case without trial.

Life Insurance

If the deceased had a life insurance policy, designated beneficiaries may receive death benefits. Life insurance proceeds are separate from a wrongful death lawsuit and do not prevent a family from pursuing a civil claim under New York law.

Work-Related Deaths and Workers’ Compensation

When a fatal injury occurs in the course of employment, workers’ compensation death benefits may be available to surviving dependents. These benefits are limited and generally do not account for the full scope of financial losses recognized in a wrongful death claim. In some cases, a separate third-party lawsuit may be pursued if someone other than the employer contributed to the death.

Settlements

Insurance companies often seek to resolve wrongful death claims through settlement to avoid the cost and uncertainty of litigation. Any settlement offered must be evaluated carefully to ensure it reflects the financial losses permitted under New York law, such as lost income, benefits, and support.

While insurance coverage can provide an important source of compensation, it does not always fully address the losses suffered by surviving family members. Because insurers are focused on limiting payouts, having experienced legal representation can help protect a family’s rights throughout the claims process.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

New York’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Plus, insurance companies often try to minimize payouts. They may pressure you to accept a low settlement or deny liability altogether. A lawyer negotiates on your behalf and ensures you don’t settle for less than you deserve.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced Buffalo attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right; the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire America’s Largest Injury Law Firm, with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™; you only pay if we win.

We’re deeply rooted in New York and understand the local courts, judges, and insurance practices. Our firm has recovered $30 billion for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Buffalo team today for a free case evaluation to learn more about your legal options.