A Wrongful Death Lawyer in Buffalo, NY, Discusses Common Types of Wrongful Death Cases and How To Handle Them

Losing a close family member often comes with significant emotional trauma, practical challenges, and financial burdens. A wrongful death lawsuit won’t bring your loved one back, but it can provide compensation for your losses. In this post, a wrongful death lawyer in Buffalo, NY, discusses common types of wrongful death cases and how to handle them.

What Are Common Types of Wrongful Death Cases?

When someone’s carelessness or intentional act causes the death of another person, it may qualify as a wrongful death. Wrongful death claims can arise from many different types of events, including the following:

Accidents

As any wrongful death lawyer in Buffalo, NY, knows, wrongful death claims often stem from negligence-based accidents like the following:

• Motor vehicle collisions, including those involving cars, trucks, motorcycles, and pedestrians
• Drowning accidents, including those involving unsecured swimming pools and boating incidents
• Trip-and-fall or slip-and-fall accidents, such as tripping down dangerous stairs or slipping in an icy parking lot at a store 
• Workplace accidents, including construction fatalities, manufacturing accidents, and fatal railroad injuries
• Playground or daycare accidents

Medical Malpractice

You may also consult a wrongful death lawyer in Buffalo, NY, if your loved one died from negligent medical care. Medical malpractice includes the following:

• Medication errors
• Birth injuries
• Surgical mistakes
• Uninformed consent
• Misdiagnosis or delayed diagnosis

Products Liability

Manufacturers must ensure that their products are safe for consumers. When someone dies from faulty or otherwise unsafe products, the manufacturer may face a wrongful death lawsuit for the following:

• Dangerous medications
• Unsafe foods
• Defective automobiles or auto parts

Other

Wrongful death cases also arise from the following:

• Police brutality
• Nursing home neglect or abuse
• Crimes
• Intentional acts

How Can I Pursue a Wrongful Death Claim in New York?

If you suspect you have a wrongful death case, the following steps can help you pursue a claim:

Begin the Probate Process

The financial proceeds from wrongful death cases typically go to the victim’s immediate family members. However, New York law does not permit family members to file wrongful death claims directly. Instead, the deceased person’s estate representative files on their behalf.

If your loved one’s will names an executor, the court must approve them before they can manage estate affairs. If the will doesn’t specify, the court will appoint a personal representative. In either case, you should start this process as soon as possible since only the representative can file a wrongful death lawsuit.

Gather Evidence

All legal cases require strong evidence to support them. Your wrongful death lawyer in Buffalo, NY, will likely suggest collecting the following evidence to strengthen your case:

• Copies of the death certificate
• Copies of the autopsy report
• Copies of the police report
• Medical records, bills, and receipts
• Financial documentation, such as pay stubs and tax returns
• The contact information of anyone who witnessed the accident, your loved one’s injuries, or other pertinent facts
• Your personal notes of what happened to help your attorney reconstruct events 

Contact a Wrongful Death Lawyer

A wrongful death lawyer in Buffalo, NY, can help you file a claim and build a case. Your attorney will do the following:

• Guide you through the legal system
• Navigate complex court procedures
• Collect and analyze evidence
• Identify potentially negligent parties
• Calculate the value of your claim
• Hire professional consultants
• Fight for fair compensation
• Represent you in court

Work With a Wrongful Death Lawyer in Buffalo, NY

If you lost a loved one because of someone else’s negligence or intentional conduct, contact Cantor, Wolff, Nicastro & Hall LLC today. Call us at 716-848-8000 or contact us online to schedule a free case evaluation with a knowledgeable wrongful death attorney.