Serving Families in Buffalo, New York
Losing A Loved One Is Always An Emotionally Traumatic Event
In the case of wrongful death, where someone’s negligence and recklessness caused a fatal accident, the grief and anger can be overwhelming, and contacting a Buffalo wrongful death lawyer may be the only option for obtaining some sense of justice and closure. In order to hold a wrongdoer accountable for your loss, it may be necessary to file a wrongful death lawsuit.
Wrongful death cases in the Buffalo, New York, area can stem from fatal trucking accidents, car accidents, motorcycle crashes, construction and work-place accidents, dangerous medical procedures, and other unfortunate and unforeseen causes.
Whatever the cause, our wrongful death attorneys in Buffalo at Feroleto Law can help determine whether you have a solid wrongful death case and what damages you might recover. We will provide you with all the support, resources, and personal attention your case needs so that your family can have the closure it deserves.
All you need to do is call us at 716-854-0700 to schedule your free consultation at our Buffalo office today. If we don’t win, you don’t owe us compensation.
Damages Our Buffalo Wrongful Death Attorney May Recover for You
No amount of monetary compensation can make up for the loss of a loved one’s life. But when financial burden comes on top of grief and emotional disruption, it makes a loved one’s death even more unbearable. An unexpected death can result in significant expenses for a decedent’s family and dependents, along with decreased future earnings for a family and household.
That’s why it’s essential to let a wrongful death lawyer help you recover compensation. Wrongful death damages often involve both quantifiable economic damages, such as lost future income, and non-quantifiable damages, such as pain and suffering.
Damages that wrongful death lawyers can recover include:
- Funeral and burial expenses
- Medical expenses from before a decedent’s death
- Lost wages and lost future income for supporting a household and dependents
- Compensation for the decedent’s pain and suffering before death
- Loss of inheritance and a reduction in assets that the deceased would have passed along
- The loss of intellectual, moral training, and guidance that would have been provided to children.
Determining Negligence in a Wrongful Death Case
A wrongful death case does not have to involve ill will or malicious intent to be successful. Rather, a Buffalo wrongful death attorney must show only that an opposing party was negligent and that this negligence caused the decedent’s death. Negligence can be broken down as:
- A party owed your loved one a duty of care.
- That party breached this duty of care by acting recklessly or negligently.
- The party’s breach of care caused your loved one’s death.
If wrongful death attorneys in Buffalo can prove that negligence directly contributed to the death of your loved one, you may be able to sue for reimbursement. If an opposing party acted with intent and killed your loved one, additional punitive damages may be awarded.
Who Can File a Wrongful Death Claim?
In many states, a surviving spouse, child, or parent of the deceased can file a wrongful death claim. New York state wrongful death law, however, works differently. In New York, only a personal representative of the deceased’s estate can file a wrongful death claim. A decedent’s will typically identifies this personal representative. If no one is identified or the decedent did not have a will, the court will appoint an administrator who can then file a claim.
If your loved one died as a result of someone’s negligence, a wrongful death claim can help ensure that you don’t suffer financially on top of experiencing emotional hardship.
A personal representative can also be a family member, such as a child, parent, spouse, or sibling. Sometimes it can be a distant relative, or friend, if a close family member cannot serve as the personal representative. If a wrongful death case is successful, the personal representative typically holds received compensation in a trust before it’s distributed to a decedent’s heirs and beneficiaries, which often includes spouses, domestic partners, children, and others.
What Should I Expect After Contacting Your Wrongful Death Lawyer?
By calling our Buffalo wrongful death attorney, you’ll have the chance to discuss your case and let a qualified attorney hear your story. From there, our attorney can help to determine whether you have a strong wrongful death case, allowing you to recover damages. Our legal team can work with you and explain the wrongful death claims process and what you might expect in terms of compensation.
Wrongful death lawyers know how to identify the crucial evidence needed to show that someone else’s negligence or recklessness caused a fatal accident leading to your loved one’s death. And while they provide expert legal assistance, the Buffalo wrongful death attorneys at Feroleto Law take the time to truly care about you, not just the outcome of your case.
Our wrongful death lawyers can assist you and your case by:
- Providing legal guidance on the best steps toward securing compensation while also helping you to understand what to expect next and how much your case could be worth.
- Building a case by reviewing evidence surrounding your loved one’s death and looking at the current and future expenses that result from losing a loved one. Gathering information and evidence could involve reviewing documents and police reports from an accident, obtaining medical records, and speaking with expert witnesses who can act as a source of crucial information.
- Handling negotiations with insurance companies. Even when companies and individuals are found to be at fault for a wrongful death, insurance companies may not offer fair compensation for the wrongful death. An experienced Buffalo wrongful death lawyer can negotiate with insurance companies to help ensure a fair settlement that covers the range of damages owed after a loved one’s wrongful death.
Compensation Our Buffalo Wrongful Death Attorney Can Help You Recover
The amount of compensation that our Buffalo wrongful death lawyer can help you recover will vary from case to case. Every wrongful death is a tragedy. While it would seem that being in despair is reason enough for compensation after a fatal accident, a wrongful death lawyer will have to take a close look at your case to determine its potential compensation value.
Our experienced wrongful death attorneys in Buffalo can review your wrongful death case to determine its value and how much compensation you and your family might recover.
Available compensation will depend on the decedent’s income while alive and whether the deceased supported dependents, among other factors. If the decedent incurred hospital bills and medical expenses, those costs could drive up a case’s potential compensation. Additionally, non-economic damages may be awarded to compensate for non-quantifiable losses, such as the decedent’s lost ability to provide parental care and companionship.
Advice from Our Wrongful Death Attorneys in Buffalo
Tips for Your Wrongful Death Claim
A family member’s death is an overwhelmingly sad and emotionally draining experience. It will be difficult to focus on anything else except your grief and figuring out how you will be able to move on without your loved one.
If you suspect that your loved one’s death was caused by the negligence or recklessness of another individual or entity, there are critical actions you can take to help prove a wrongful death case in court. Below are several tips on what you can do to support yourself and to ensure the best chances for a wrongful death claim’s success.
- Find a grief counselor or join a support group that can help you through this difficult time. Wrongful death lawsuits can take a considerable amount of time to prepare and litigate. During this time, and beyond, it is very important to connect with others who have been through similar situations who can help with the healing process and provide much-needed support.
- There is a statute of limitations for all wrongful death cases in New York State. This means that you have two years from the date of a loved one’s death to file a wrongful death claim, according to state law. Contacting our injury lawyer at Feroleto Law as soon as you are emotionally ready to do so is the best move for your potential case. Filing a wrongful death claim takes time, and acting sooner rather than later can help ensure ample time to file and pursue your case.
- Help our wrongful death lawyers by collecting any evidence you can related to the wrongful death. If you have access to medical records, coroner reports, or witness information, this will help us to determine if there is enough evidence to pursue a wrongful death lawsuit and, if so, where to begin our investigation.
- Resolving a wrongful death case can take time, and patience is necessary, even under such trying circumstances. A defendant’s lawyers will work to oppose having to pay a large settlement in a wrongful death case, especially if a large company or entity is involved. Regardless, negotiations can take time in every case. Our wrongful death lawyers are also prepared to take a case to trial if fair compensation cannot be obtained otherwise. It’s difficult to say how quickly a case will be resolved. The process could take weeks or several months. Throughout, our wrongful death attorneys in Buffalo can keep you informed about events and details as a case progresses.
Contact Our Wrongful Death Lawyers at Feroleto Law
Count on Our Experience. Trust in Our Knowledge. Rely on Our Skill.
When dealing with the loss of a loved one, it’s difficult knowing that nothing can bring a loved one back. However, you and your family shouldn’t have to face unexpected financial hardship after a loved one’s death. If you believe that a wrongful death occurred, speak with our Buffalo wrongful death lawyer at Feroleto Law.
Although none of the damages recovered can ease the pain of your loss, we strongly believe that you should not be burdened by financial obligations as a result of a loved one’s unexpected passing. Our legal team will protect your rights and help make sure that a guilty party will be held accountable.
To discuss the details of your case, contact our Buffalo wrongful death attorney today. Our team works on a contingency basis, so you won’t pay us legal fees to represent you unless your case is won or settled out of court. No recovery, no fee.
The Feroleto Law Firm has been representing clients and serving the Western New York community for nearly 40 years. Contact our office today to schedule a free consultation with one of our wrongful death lawyers. We understand how much pain you are going through and will do everything in our power to ensure that justice will be served and that you can obtain some sense of closure.
Call us at 716-854-0700 to learn more about how we can help recover compensation for you and help you secure your financial future after experiencing a loved one’s wrongful death.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]