Representing the injured in buffalo and western new york for over 75 years

 

At Rosenthal Kooshoian & Lennon, LLP, we understand that losing a loved one due to someone else's negligence is a heartbreaking experience that can leave family members devastated. As dedicated wrongful death lawyers serving Buffalo, NY, we are committed to helping families navigate the complex legal landscape associated with wrongful death claims. Our goal is to provide compassionate support while seeking justice for your loss.

At Rosenthal Kooshoian & Lennon, LLP, our wrongful death lawyers are dedicated to helping families in Buffalo, NY, seek justice and compensation for their losses. Contact us today to schedule your free consultation and begin the path toward healing and accountability.

What Constitutes Wrongful Death?

Wrongful death is a legal term that refers to the death of an individual resulting from the negligence, misconduct, or unlawful actions of another party. This concept encompasses a variety of scenarios, each with unique circumstances that can lead to tragic outcomes. Understanding the specifics of wrongful death can help familfpersonalies navigate their legal options after such a devastating loss.

Legal Definition and Elements

In legal terms, wrongful death arises when the following elements are present:

1. Negligence or Misconduct: This is the core component of a wrongful death claim. Negligence refers to the failure to exercise reasonable care, leading to harm. Misconduct can include intentional actions that cause harm. Examples include reckless driving, improper medical treatment, or defective product manufacturing.
2. Causation: There must be a direct link between the negligent actions of the defendant and the death of the individual. This means that the wrongful actions must have been a significant factor in causing the death.
3. Damages: The surviving family members must demonstrate that they have suffered losses due to the death. This can include financial losses, emotional suffering, and loss of companionship.

Common Circumstances Leading to Wrongful Death

Wrongful death can arise from numerous situations, including but not limited to:

• Motor Vehicle Accidents: In Buffalo, busy highways like the 190 and local streets can be sites of fatal accidents. Factors such as distracted driving, driving under the influence, and speeding can lead to devastating collisions. The aftermath can leave families reeling from the sudden loss of a loved one.
• Medical Malpractice: Healthcare providers are expected to adhere to established standards of care. When they fail to do so—whether through misdiagnosis, surgical errors, or improper treatment—patients may suffer fatal consequences. Hospitals like Buffalo General Medical Center and others in the area are held to these standards, and breaches can lead to wrongful death claims.
• Workplace Accidents: Certain occupations are inherently more dangerous than others. Construction sites, particularly in bustling areas like Canalside, can pose risks for workers. When employers neglect safety regulations or fail to provide adequate training, accidents can occur, resulting in fatalities.
• Product Liability: Consumers trust that products are safe for use. However, when a defect in a product leads to harm or death, manufacturers may be held liable. This can include anything from faulty machinery to dangerous pharmaceuticals. Families can pursue wrongful death claims if a loved one dies due to a defective product.
• Intentional Acts: In some instances, wrongful death can occur due to intentional acts, such as homicide or assault. These tragic events not only result in criminal charges for the perpetrator but can also lead to civil claims for damages by the victim's family.

Legal Framework in New York

In New York, the law provides a specific framework for wrongful death claims. Eligible parties, typically immediate family members, can file a wrongful death lawsuit against those responsible for the death. The law allows for compensation for various damages, including:

• Economic Losses: This encompasses medical expenses incurred before death, funeral costs, and lost income that the deceased person would have provided.
• Non-Economic Losses: Families may also claim damages for emotional pain, suffering, and the loss of companionship experienced due to the death.

Why You Need the Help of a Wrongful Death Lawyer

When faced with the devastating loss of a loved one due to a negligent party, navigating the legal landscape can feel overwhelming. Engaging a knowledgeable wrongful death lawyer is essential for several reasons, as they can provide critical support and guidance during this challenging time.

Expertise in Legal Proceedings

A wrongful death lawyer brings a deep understanding of the legal framework surrounding such cases. They are familiar with the specific laws and regulations in New York, including the statute of limitations for filing a wrongful death lawsuit. This expertise ensures that your case is handled properly and within the required timeframes.

Comprehensive Case Evaluation

A skilled wrongful death lawyer will assess the details of your case, identifying all potential avenues for recovery. They will review evidence, consult with experts, and determine the best legal strategy to pursue. This thorough evaluation is crucial for building a strong case that accurately reflects the circumstances of your loved one's death.

Gathering Evidence

Establishing liability in a wrongful death case requires substantial evidence. A wrongful death lawyer has the resources and experience necessary to gather critical documentation, such as police reports, medical records, and witness statements. They know how to compile this information effectively to support your personal injury claim.

Negotiating with Insurance Companies

Insurance companies often seek to minimize their payouts, making negotiations challenging for individuals without legal representation. A wrongful death lawyer will handle all communications with insurance adjusters, advocating for your rights and fighting for a fair settlement. Their negotiation skills can significantly impact the outcome of your case.

Emotional Support

The emotional toll of losing a loved one can be overwhelming. A wrongful death lawyer not only provides legal guidance but also offers compassionate support during a difficult time. They understand the complexities of grief and are committed to helping you navigate the legal process with sensitivity and care.

Trial Readiness

While many wrongful death cases settle out of court, some may require litigation. A wrongful death lawyer is prepared to take your case to trial if necessary. They will represent your interests, presenting a compelling case to a judge or jury and advocating for the compensation you deserve.

Peace of Mind

Engaging a wrongful death lawyer allows you to focus on healing and supporting your family. With a professional handling the legal aspects of your case, you can have peace of mind knowing that your rights are being protected and that you are taking steps toward justice for your loved one.

The loss of a loved one is a profound experience, and pursuing a wrongful death claim can be a complex process. At Rosenthal Kooshoian & Lennon, LLP, we are dedicated to providing the legal support you need during this challenging time. By working with a wrongful death lawyer, you can ensure that your case is handled with the care and expertise it deserves, allowing you to seek justice and compensation for your loss.

Compensation for Your Loss

When a loved one dies due to the negligence of another party, the emotional and financial impact can be profound. Understanding the types of compensation available through a wrongful death claim is essential for families seeking justice and support during this difficult time. At Rosenthal Kooshoian & Lennon, LLP, we are committed to helping you navigate the complexities of compensation for your loss.

Types of Damages Available

In New York, wrongful death claims can encompass various types of damages, which can be categorized into economic and non-economic losses.

Economic Damages

Economic damages refer to the tangible financial losses that result from the wrongful death. These can include:

• Medical Expenses: Costs incurred for medical treatment prior to the death, including hospital stays, surgeries, and any necessary care that the deceased received.
• Funeral and Burial Costs: Expenses associated with funeral services, burial, cremation, and related costs. These expenses can add up quickly and are often a significant financial burden on families.
• Lost Wages: Compensation for the income that the deceased would have contributed to the family had they lived. This includes not only their current earnings but also potential future earnings, factoring in promotions and raises.
• Loss of Benefits: Any lost benefits, such as health insurance, retirement benefits, or pensions that the deceased person would have provided to their family.

Non-Economic Damages

Non-economic damages address the intangible losses that families experience following a wrongful death. These can include:

• Emotional Pain and Suffering: The grief and emotional distress that family members endure after losing a loved one. This can manifest as anxiety, depression, and a profound sense of loss.
• Loss of Companionship: The absence of the deceased person in the lives of surviving family members can lead to a deep sense of loneliness and emotional turmoil. This type of damage compensates for the loss of love and support.
• Loss of Parental Guidance: For families with children, the loss of a parent can be particularly devastating. Compensation may include considerations for the impact on the children's upbringing and emotional well-being.

Importance of Accurate Valuation

Determining the appropriate amount of compensation in a wrongful death case can be complex. It is crucial to accurately assess both economic and non-economic damages to ensure that the claim reflects the full extent of the loss. A knowledgeable personal injury lawyer can help gather the necessary evidence and present a compelling case for the compensation you deserve.

The Role of Insurance Companies

When pursuing compensation, you may find yourself negotiating with insurance companies. These entities often aim to minimize their payouts, which can lead to low initial settlement offers. Having a wrongful death lawyer on your side can significantly enhance your negotiating position, ensuring that you do not settle for less than fair compensation.

Conclusion

Compensation for your loss is not just about financial recovery; it is also about acknowledging the profound impact of a loved one's passing. At Rosenthal Kooshoian & Lennon, LLP, we are dedicated to helping families in Buffalo, NY, seek the justice they deserve. If you believe your loved one’s death was due to negligence, contact us today to discuss your options and begin the journey toward healing and accountability.

Wrongful Death Cases in Buffalo

Wrongful death cases can vary significantly in circumstances, outcomes, and settlement amounts. Below are a few notable recent cases from Buffalo that illustrate the complexities and potential consequences of wrongful death claims in our community.

Case 1: Fatal Motorcycle Accident

In a tragic incident on the streets of Buffalo, a motorcyclist was struck by a driver who ran a red light. The wrongful death victim suffered severe injuries and later succumbed to those injuries in the hospital. The family filed a wrongful death claim against the driver, who was found to be under the influence at the time of the accident.

• Settlement Amount: The case was settled for $1.2 million. This included compensation for medical expenses, funeral costs, and damages for the emotional pain suffered by the family.

Case 2: Medical Malpractice at a Local Hospital

In another case, the family of a patient who died due to alleged medical negligence at a prominent Buffalo hospital filed a wrongful death lawsuit. The patient had been admitted for routine surgery but suffered complications that were not addressed in a timely manner, leading to fatal outcomes.

• Settlement Amount: After extensive negotiations, the case was settled for $850,000. The settlement accounted for both economic damages, including medical bills and lost income, and non-economic damages for the family's emotional distress.

Case 3: Construction Site Accident

A construction worker was fatally injured when a heavy piece of equipment fell due to improper safety measures at a job site in Buffalo. The victim was a primary breadwinner for his family, and his death left them with significant financial burdens. The family pursued a wrongful death claim against the construction company for negligence.

• Settlement Amount: The case resulted in a settlement of $1.5 million, which covered lost wages, funeral expenses, and compensation for the loss of companionship and support.

Case 4: Pedestrian Fatality

In a heartbreaking case, a pedestrian was struck and killed while crossing a street in Buffalo. The driver, distracted by a mobile device, failed to yield. The victim's family filed a wrongful death claim against the driver for their negligence.

• Settlement Amount: This case was settled for $950,000, addressing both the economic and non-economic losses experienced by the family.

These cases highlight the serious and often tragic consequences of negligence in various forms. Each wrongful death claim is unique, shaped by specific circumstances, evidence, and the impact on the affected families. At Rosenthal Kooshoian & Lennon, LLP, our wrongful death lawyers understand the complexities involved in pursuing justice for wrongful deaths in Buffalo. If you believe your situation warrants a claim, we are here to help you navigate the legal process and seek the compensation you deserve.

The Process of Filing a Wrongful Death Claim

Filing a wrongful death claim is a crucial step toward seeking justice and compensation for the loss of a loved one. At Rosenthal Kooshoian & Lennon, LLP, our wrongful death lawyers guide families through this challenging process with care and professionalism. Here’s a detailed overview of the steps involved in filing a wrongful death claim.

Initial Consultation

The journey begins with a free initial consultation, where we invite you to share your story. This meeting is an opportunity for you to discuss the circumstances surrounding your loved one’s death and express any concerns or questions you may have. During this consultation:

• Listening to Your Story: We prioritize understanding your situation. Your wrongful death lawyer will take the time to listen to your experiences, emotions, and the specific details of the incident.
• Assessing the Details: Our team will evaluate the information you provide, identifying the key facts that could support your claim. This includes understanding the relationships involved and the impact of the loss on your family.
• Outlining Legal Strategies: Based on the initial assessment, your wrongful death lawyer will outline potential legal strategies tailored to your case. We’ll explain the steps ahead and discuss the types of compensation you may be entitled to.

Investigation and Case Preparation

Once you decide to move forward with our representation, we will initiate a comprehensive investigation into the circumstances of your loved one's death. This critical phase includes:

• Gathering Evidence: Our team will collect all relevant evidence necessary to build a strong case. This may involve obtaining police reports, medical records, accident reports, and any other documentation related to the incident.
• Consulting Experts: In complex cases, we may enlist the help of experts in fields such as accident reconstruction, medical evaluation, or financial analysis. Their insights can provide valuable information to strengthen your case.
• Preparing Legal Documents: Your wrongful death lawyer will handle all necessary legal paperwork, ensuring that your claim is filed correctly and on time. This includes drafting the complaint and any other documents required for your case.
• Establishing Liability: Central to your claim is proving that another party’s negligence or misconduct led to your loved one’s death. Our thorough investigation will focus on establishing this liability through evidence and expert testimony.

Negotiation and Trial

After preparing your case, your wrongful death lawyer will move into the negotiation phase. Many wrongful death claims are resolved through settlements, but we are always prepared to advocate for your best interests, whether in negotiation or trial.

• Negotiating with Insurance Companies: Our team will engage in negotiations with the responsible party's insurance company. We aim to secure a fair settlement that adequately compensates you for your losses. We will use all gathered evidence to support our position and counter any attempts by the insurer to minimize their liability.
• Trial Preparation: If negotiations do not yield a satisfactory agreement, we are fully prepared to take your case to trial. This involves:
• • Building a Compelling Case: We will meticulously prepare your case for presentation in court, including organizing evidence, preparing witness testimonies, and crafting persuasive arguments.
  • Representing You in Court: Our team will represent your interests during the trial, presenting the facts clearly and effectively to the judge or jury. We will strive to communicate the emotional and financial impact of your loss, ensuring that your voice is heard.

Why Choose Rosenthal Kooshoian & Lennon, LLP?

Local Knowledge and Commitment

As a Buffalo-based firm, we are deeply rooted in the community. We understand the unique challenges faced by families in our area and are committed to advocating for your rights. Our familiarity with local courts and legal processes allows us to effectively represent your interests.

Compassionate Support

We recognize that this is a difficult time for you and your family. Our team is here to provide not only legal guidance but also emotional support throughout the process. We will be by your side every step of the way.

Conclusion

If you have lost a loved one due to someone else's negligence, it’s essential to consult with a knowledgeable wrongful death lawyer. At Rosenthal Kooshoian & Lennon, LLP, our wrongful death lawyers are dedicated to helping families in Buffalo, NY, seek justice and compensation for their losses. Contact us today to schedule your free consultation and begin the path toward healing and accountability. Remember, you are not alone in this journey; we are here to help.