Wrongful death is an economic case for a fatality that occurred as a result of a careless or negligent action. It can be an intentional or unintentional act of a person or corporation.
Wrongful death is a claim for the surviving family members. When a wrongful death happens, the entire family is injured. Our primary Buffalo wrongful death law firm is based in Buffalo. We also serve families in Rochester. Attorney Steve Boyd knows that the damage to a spouse or parent is devastating, not only because of the loss of the person but also because it changes a family’s financial situation.
Under New York’s wrongful death law, a spouse, the children, and the parents have legal rights. When a wrongful death occurs because of the negligence of someone else, there are really two claims:
In New York, a Wrongful Death is an economic claim for the surviving family members who were economically impacted by the loss of someone who provided support. This is a survivor’s claim. It is brought by the family. A loss of a deceased person’s income is one example. This is a claim for actual money lost by the family as a result of the person’s death.
A Conscious Pain and Suffering claim is brought by the estate of the deceased person who sustained actual pain and suffering from the time of the accident, to the time of their death. This is a claim for the person who died. It is brought by the deceased person’s estate.
Negligent deaths can be caused by any number of negligent events, including a car accident, a truck accident, an fall at a construction site, or by a dangerous product.
Attorney Steve Boyd has been handling death cases across New York for almost 20 years. He is the first New York State lawyer to graduate from the both of the Top Trial Lawyer Colleges in the country, The Keenan Trial Institute based in Atlanta and the Trial Lawyers College based in Wyoming. He has the experience, knowledge, and compassion to handle wrongful death cases. Steve works hard to discover the true depth of the loss and to share that story with the insurance company, the judge, and the jury.
A family death can be a catastrophic event. There are legal issues that arise after someone dies. Born in South Buffalo, wrongful death attorney Steve Boyd has worked across New York State to prosecute wrongful death claims to obtain the best financial recovery for the surviving family.
New York’s wrongful death laws can be complex and frankly do not account for the huge emotional loss experienced when a family loses someone. Attorney Steve Boyd has the education, training and long-time experience to build a solid case against the person or corporation responsible for the death.
The New York Estates, Powers and Trust Laws (EPTL) governs wrongful death cases in New York. The EPTL gives the appointed legal representative of the estate (the executor or administrator) to bring a lawsuit for wrongful death.
EPTL, Section 5-4.3 entitled “Amount of recovery.” The law covers the money claims that can be brought in a wrongful death case. The legal representative of the person who died has to prove there was a monetary loss because of the person’s death.
This can include loss of support for the decedent’s family because of a loss of earnings. When a parent dies, leaving a spouse and children, a claim can be made for the economic losses caused by the death. Economic loss is not just a loss of earnings. It can also be a loss of services to the surviving spouse. It can include a loss of parental care and guidance to the surviving children.
When a child dies, the parents can bring a legal claim for what’s called a “loss of services.” This is a cold-hearted way to place a value on the loss of human life. It is one reason why New York State is believed to have one of the worst wrongful death statutes in the country.
Since every New York “wrongful death” claim is a “money” loss, it becomes critical that the lawyer fully discover the story of the surviving family and prepare the case in a way that allows a jury or an insurance company to understand the depth of the loss.
When we handle wrongful death claims, we normally retain economic experts to give a financial analysis for the case. The loss can include lost wages. The cost of counseling and the lost care of the decedent can be analyzed. This can be a critical part of the case and if done properly will lead to the best result for the clients.
Buffalo personal injury attorney Steve Boyd is a top-rated wrongful death lawyer. When you need an experienced wrongful death attorney in New York State, contact us. We are based in Buffalo, but handle wrongful death cases all over New York State. When you need a New York wrongful death attorney, Steve Boyd is on your side.
New York law requires the personal representative (executor or administrator) of the deceased person’s estate to file the wrongful death lawsuit. The County Surrogate’s Court will appoint the personal representative of the deceased person’s estate.
- If there is a will, this is the Executor that was named in the will.
- If there is no will, an Administrator is appointed by the Surrogate’s Court Judge.
No matter the title, this is the person who is authorized to file a lawsuit against those responsible for the person’s death.
The wrongful death claim is filed by the estate’s personal representative. It is filed on behalf of the deceased person’s estate and the surviving family members.
The following is a list of family members who often bring a claim for a New York wrongful death:
- a biological or adopted child
- dependent blood relatives
New York limits the time to bring a wrongful death lawsuit. The statute of limitations for a New York wrongful death case is within two years of the death. This is for the economic claim.
A claim for conscious pain and suffering, of the person who died, can be brought within three years of the accident, This is a claim for money to compensate for the actual conscious pain suffered by the decedent from the time they were injured until the time they died.
Respecting the statute of limitations is critical. If a case is not started within the time limits, the right to bring a wrongful death lawsuit can be lost forever.
Wrongful death lawsuits can be long and complex, and often require a specific set of skills and knowledge that only personal injury attorneys with a lot of experience on this type of cases possess.
Buffalo wrongful death attorney Steve Boyd has handled wrongful death cases across New York State for 20 years. He is experienced, compassionate, conscientious and ready to help with your case.
If the tragedy of a wrongful death has happened in your family, contact us here, or call us direct at 716-400-0000 or 585-600-2019. All information will be kept strictly confidential.