About Wrongful Death in Buffalo, Eden, Jamestown and Dunkirk, NY

What constitutes a wrongful death lawsuit?

A wrongful death claim is filed when the dependents or beneficiaries allege that the deceased was killed as a result of the wrongful act or negligence of another party. The lawsuit is a civil action pursued to compensate the plaintiff for the loss of the deceased. Although wrongful death statutes vary from state to state, in general, the plaintiff must be able to show: that the death was caused, in whole or part, by the defendant; that the defendant was negligent and strictly liable for the death; and that monetary damages have resulted from the death. To learn more about wrongful death, contact us in Buffalo, Dunkirk, Jamestown, or Eden, NY.

What kinds of damages can be recovered in a wrongful death claim?

The amount of money awarded in a wrongful death lawsuit depends on a number of factors. Depending on the state statutes and particular circumstances, the following damages may be awarded: immediate expenses, including medical and funeral; future loss of earnings; loss of benefits; loss of inheritance; pain and suffering, including mental anguish; loss of care, protection, and companionship; general damages; and punitive damages. As stated, some these damages may be barred or restricted by statute, and some may be difficult to prove. Punitive damages are not awarded to compensate the plaintiff, but rather to punish the defendant. Therefore, it must be proven that the defendant's conduct, which caused the wrongful death, was intentional, malicious, or egregious. Many states are currently attempting to restrict punitive damages and those that are more speculative in nature. If you have questions regarding wrongful death damages, contact one of our offices in Buffalo, Dunkirk, Jamestown, or Eden.

What is the statute of limitations for a wrongful death lawsuit?

The statute of limitations (the time limit during which a claim must be filed) for wrongful death lawsuits depends on the state. Usually the time starts running the date of the victim's death. Some states will extend the statute of limitations if cause of death was not discovered until later. In such cases the time may start at the date of discovery rather than the date of death. Valid claims can be denied if they are not filed before the time period specified by the statute of limitations expires. For this reason, it is important to hire a wrongful death lawyer at the earliest opportunity. This will also enable your attorney to preserve critical evidence, locate witnesses, and build a stronger case. To schedule a wrongful death consultation, contact us in Dunkirk, Eden, Jamestown, or Buffalo.