Wrongful Death Attorney
Buffalo's Premier Wrongful Death Attorney | Expert Legal Support You Deserve
Welcome to The Law Office of Luke Brown, LLC, where compassionate support and dedicated legal expertise converge to provide unmatched representation in wrongful death cases. Understanding the profound grief and hardship that accompany the loss of a loved one, I am committed to offering empathetic and effective legal counsel. With extensive experience in handling wrongful death claims, my firm is dedicated to securing justice and fair compensation for your family’s suffering. At The Law Office of Luke Brown, LLC, your family’s well-being is my top priority, and I will advocate tirelessly to honor your loved one’s memory and protect your rights.
Understanding a Wrongful Death Claim
- As a Buffalo wrongful death attorney, I offer essential legal expertise and emotional support to families navigating complex wrongful death claims, ensuring justice and financial compensation are pursued effectively.
- Eligibility to file a wrongful death lawsuit in New York is primarily granted to the personal representative of the deceased’s estate, with compensation potentially available to close family members including children, parents, and spouses.
- New York’s statute of limitations mandates that wrongful death lawsuits be filed within two years of the deceased’s passing, with strict enforcement on timely legal action and limited exceptions based on related criminal proceedings.
Why You Need a Buffalo Wrongful Death Attorney
Navigating a wrongful death claim is an emotionally draining and legally complex process. A Buffalo wrongful death attorney brings to your case an essential understanding of local laws and regulations. At The Law Office of Luke Brown, LLC, as your Buffalo wrongful death lawyer, I specialize in wrongful death cases, offering both legal acumen and compassionate support to families during their most challenging times. In addition to our Buffalo team, we also have York wrongful death lawyers available to assist you.
When a loved one dies due to someone else’s negligence, seeking justice is not just about financial compensation—it’s about holding the responsible parties accountable for your loved one’s wrongful death. Being an experienced New York wrongful death attorney, also known as wrongful death lawyer, I am adept at advising my clients on their rights under workplace safety laws, New York traffic laws, OSHA regulations, and York’s wrongful death laws, including the possibility of pursuing a wrongful death action under wrongful death law. Building a strong case and demanding justice requires such comprehensive legal support.
Moreover, the emotional toll of losing a loved one is immense. My law firm provides not only legal expertise but also emotional support, guiding families through the complex legal processes with compassion and dignity. I take care of all the legal intricacies, from filing claims to negotiating with insurance companies, allowing you to focus on healing as we advocate for your justice and compensation.
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PAST RESULTS
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Motor Vehicle Accident $625,000
A 31 year old Buffalo woman suffered serious neck and back injuries requiring lifelong medical treatment when she was rear-ended while at a stop sign.
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Construction Worker Injury $500,000
A 46 year old construction worker sustained serious injury when he fell approximately fifteen (15) feet from a roof.
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Motor Vehicle Accident $425,000
A North Tonawanda man, a passenger in a pickup truck, was injured when a SUV attempted to illegally pass the truck, causing a high-speed collision.
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Motor Vehicle Accident $300,000
A 39 year old Niagara Falls woman suffered debilitating spinal injuries after being t-boned by a car that failed to stop at a red light.
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Pedestrian Struck by Motor Vehicle $250,000
A North Tonawanda woman was seriously injured when she was struck by an inattentive driver while crossing the street.
(Past outcomes do not guarantee future results)
The Role of a Buffalo Wrongful Death Lawyer
As a Buffalo wrongful death lawyer, I play a multifaceted role in ensuring that justice is served. From the initial investigation to court representation, my responsibilities are comprehensive and critical to the success of your case. One of the first steps they take is to thoroughly investigate the accident, identifying all potentially liable parties and gathering essential evidence such as payroll statements, medical records, and accident reports.
Once the evidence is collected, I will:- Manage all necessary court filings
- Draft the lawsuit
- Handle all communications related to the case, which can significantly ease the burden on grieving families
- Strategically negotiate with insurance companies
GET THE JUSTICE, COMPENSATION & CLOSURE YOU DESERVE
Who Can File a Wrongful Death Lawsuit in New York?
In New York, the legal system specifies who is eligible to file a wrongful death lawsuit. The personal representative of the deceased’s estate is primarily responsible for initiating the wrongful death claim. This is vital as it guarantees that the lawsuit is filed by an individual with legal authority to represent the deceased.
Eligible family members who can receive compensation include:- the deceased’s children
- parents
- spouse
- other close relatives in certain circumstances
Types of Damages Recoverable in a Wrongful Death Case
Recoverable damages in a wrongful death case are designed to address both economic and non-economic losses faced by the deceased’s estate and surviving family members. Economic damages include medical expenses incurred for treating the victim before death and funeral costs. These tangible expenses can be substantial and play a vital role in the financial stability of the grieving family.
Additionally, the following can also be claimed as damages:- Lost wages and future earnings that the deceased would have earned. This is particularly important for families who relied on the deceased for financial support.
- The reduction in inheritance.
- Loss of services the deceased would have provided, such as childcare and household services.
Schedule a free consultation
call (716) 321-2727
Common Causes of Wrongful Death in Buffalo
Buffalo, like many other cities, experiences a range of incidents that can lead to wrongful death claims. Motor vehicle accidents are the most prevalent cause, involving cars, motorcycles, and pedestrians. These accidents often result from negligent driving behaviors, such as speeding, distracted driving, and driving under the influence.
Medical malpractice is another significant cause of wrongful deaths. With approximately 195,000 preventable deaths occurring each year in hospitals, medical errors such as misdiagnosis, surgical mistakes, and medication errors can have devastating consequences. The complexity of these cases often requires detailed investigation and expert testimony to establish liability.
Construction accidents also contribute to a notable number of wrongful deaths in Buffalo. The construction industry is inherently dangerous, with one in five worker deaths occurring in this field. Falls, equipment accidents, and poor safety practices are common causes. These cases often involve multiple liable parties, including contractors, equipment manufacturers, and property owners.
How to Prove Liability in a Wrongful Death Claim
To prove liability in a wrongful death claim, several crucial elements must be demonstrated. First, the plaintiff must show that the defendant breached their duty of care through actions or negligence. This breach is a fundamental component that establishes the defendant’s fault.
Next, causation must be established, linking the defendant’s breach directly to the death of the victim. This connection is crucial as it proves that the wrongful act or negligence caused the fatal incident. Finally, the plaintiff must demonstrate that actual damages were suffered as a result of the wrongful death. This includes both economic and non-economic losses.
Identifying the liable parties and gathering the necessary evidence necessitate a thorough investigation and analysis. As your Buffalo wrongful death attorney, I will meticulously examine all aspects of your case to build a compelling argument for liability and ensure that justice is served.
Schedule a free consultation
call (716) 321-2727
Understanding New York’s Comparative Fault Law
New York’s comparative fault law plays a significant role in wrongful death cases. This law allows for proportional recovery of damages even if the deceased was partially at fault for the incident. For example, if the deceased was 30% responsible for a car accident, the compensation awarded would be reduced by that percentage.
Comparative negligence laws are designed to ensure that families can still recover damages even if the deceased had some responsibility for the incident. This is particularly important in complex cases where multiple factors contributed to the wrongful death. Insurance companies often use these rules during settlement negotiations to evaluate claims and determine fair compensation.
When pursuing a wrongful death claim, it’s necessary to understand the implications of comparative fault. It highlights the importance of having an experienced attorney who can effectively argue the degree of fault and maximize your recovery.
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Statute of Limitations for Wrongful Death Lawsuits in New York
In New York, the law mandates that wrongful death lawsuits be filed within two years from the date of the deceased’s passing. The statute of limitations in such cases is strictly enforced. This time frame is strictly enforced, and failing to file within this period prohibits seeking compensation. The courts are likely to dismiss any case filed after the two-year limit, making timely legal action essential.
There are some exceptions to this rule. For instance, if the defendant has a pending criminal case related to the wrongful death, the claim can be filed one year after the criminal case concludes. This extension allows families to pursue justice even when criminal proceedings delay the civil lawsuit.
Considering the strict deadlines and potential exceptions, it’s important to get in touch with The Law Office of Luke Brown, LLC at your earliest convenience. Early consultation ensures that all legal requirements are met and that your case is filed within the appropriate time frame.
Steps to Take After a Loved One’s Wrongful Death
Preserving evidence and building a robust case necessitate prompt and decisive action following a loved one’s wrongful death. The first step is to initiate an investigation into the circumstances surrounding the death. This involves gathering essential evidence such as medical records, accident reports, and witness statements.
Next, it is important to document all related expenses and losses, including medical bills, funeral costs, and lost wages. This documentation will be vital in calculating the damages and supporting your claim. Engaging an experienced wrongful death attorney early in the process can significantly alleviate the burden on grieving families by handling these complex tasks.
Filing a wrongful death lawsuit may become necessary if settlement negotiations do not result in a fair agreement. I will guide you through this process, ensuring that all legal requirements are met and that your case is presented effectively in court. This step is often the last resort but is essential for obtaining the justice and compensation you deserve.
Schedule a free consultation
call (716) 321-2727
Schedule a Free Consultation With Our Experienced Buffalo Wrongful Death Attorneys
If you are grappling with the devastating loss of a loved one caused by someone else’s negligence, seeking expert legal support is essential. Contact The Law Office of Luke Brown, LLC today to schedule a free consultation. My experienced Buffalo wrongful death attorneys are available 24/7 to provide the guidance and support you need during this challenging time.
I understand the financial strain that families face after a wrongful death, which is why we offer our services with no fees until we win your case. Let me help you navigate the legal complexities and fight for the justice and compensation your family deserves.
Summary
In conclusion, navigating a wrongful death claim requires both legal expertise and compassionate support. Hiring an experienced Buffalo wrongful death attorney like me ensures that your case is handled with the necessary skill and understanding of local laws. From investigating the accident to representing you in court, I will be indispensable in securing justice and compensation for your loss.
It is important to understand who can file a wrongful death lawsuit, the types of damages recoverable, and the common causes of wrongful deaths in Buffalo. Proving liability and understanding New York’s comparative fault law are also critical components of a successful claim. Prompt action and thorough documentation are essential steps to take after a loved one’s wrongful death.
If you or someone you know is facing the aftermath of a wrongful death, do not hesitate to reach out to The Law Office of Luke Brown, LLC. Schedule a free consultation today and let me guide you through this difficult journey.
