Buffalo Wrongful Death Lawyer

Losing a loved one due to someone else's negligence, recklessness, or intentional actions creates overwhelming grief and often leaves families facing financial hardship. At RK&L, our Buffalo wrongful death lawyer team provides compassionate legal representation to families seeking justice and compensation after losing someone they love. Wrongful death claims hold responsible parties accountable for fatal accidents, medical malpractice, workplace incidents, defective products, and other preventable tragedies that cut lives short and devastate families throughout Western New York.

What Constitutes a Wrongful Death in Buffalo?

Wrongful death in Buffalo occurs when a person dies due to the negligent, reckless, careless, or intentional actions of another individual, company, or entity. Under New York law, a wrongful death claim can be pursued when the deceased person would have had grounds to file a personal injury lawsuit had they survived. This means the responsible party owed a duty of care to the deceased, breached that duty through wrongful conduct or failure to act, and directly caused the death that resulted in measurable losses to surviving family members. Common examples include fatal car accidents, medical malpractice, workplace accidents, defective products, nursing home neglect, premises liability incidents, and violent crimes.

To constitute wrongful death in Buffalo, the claim must be filed by the personal representative of the deceased person's estate on behalf of eligible surviving family members, typically within two years of the date of death. The death must have resulted in quantifiable damages such as lost financial support, medical expenses before death, funeral costs, and loss of companionship and guidance. Unlike criminal cases that may also arise from the same incident, wrongful death is a civil action focused on compensating families for their losses rather than punishing the wrongdoer through criminal penalties, though both types of proceedings can occur simultaneously and independently.

Who Can File A Wrongful Death Lawsuit In Buffalo?

Under New York law, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This representative brings the claim on behalf of eligible surviving family members who suffered losses, including spouses, children, parents, and sometimes extended family members who were financially dependent on the deceased. The personal representative is typically named in the deceased's will or appointed by the court if no will exists. A Buffalo wrongful death lawyer at RK&L can help your family establish proper legal representation and ensure all eligible beneficiaries are included in the claim.

How Long Do I Have To File A Wrongful Death Claim?

New York's statute of limitations generally allows two years from the date of death to file a wrongful death lawsuit. However, certain exceptions may extend or shorten this deadline depending on specific circumstances, such as claims against government entities which require notice within 90 days. Missing the statute of limitations deadline permanently bars your claim, making prompt consultation with a Buffalo wrongful death lawyer essential. Even if you're still grieving and not ready to pursue legal action immediately, contacting an attorney early preserves evidence and protects your family's rights.

Financial Compensation You Can Pursue in a Buffalo Wrongful Death Claim

Wrongful death compensation aims to provide financial security for surviving family members who lost a loved one's income, support, companionship, and guidance. A Buffalo wrongful death lawyer at RK&L thoroughly evaluates all economic and non-economic losses your family has suffered to pursue comprehensive damages.

• Medical Expenses Before Death: You can recover compensation for all medical treatment, hospitalization, surgery, medications, ambulance transportation, and healthcare costs incurred between the injury and death. Even if your loved one survived for only hours or days after the incident, substantial medical bills often accumulate during emergency care and life-saving attempts.
• Funeral and Burial Costs: Wrongful death claims include reimbursement for funeral services, burial or cremation expenses, cemetery plots, headstones, memorial services, and related costs. These expenses create immediate financial burden during an already difficult time for grieving families.
• Lost Income and Financial Support: Families can pursue compensation for all earnings, wages, benefits, and financial contributions the deceased would have provided throughout their expected lifetime. A Buffalo wrongful death lawyer works with economists and vocational experts to calculate the full value of lost financial support based on age, education, career trajectory, and work-life expectancy.
• Loss of Inheritance: When negligence or wrongful conduct cuts a life short, families lose the inheritance and estate value the deceased would have accumulated and passed to heirs. Your personal injury lawyer calculates these losses considering investment potential, retirement savings, and wealth accumulation over the deceased's expected lifespan.
• Loss of Household Services: Compensation includes the value of household contributions the deceased provided, such as childcare, home maintenance, yard work, repairs, transportation, and other domestic services. These tangible contributions have real economic value that wrongful death claims recognize.
• Loss of Parental Guidance: Children who lose parents deserve compensation for the loss of nurturing, education, moral guidance, and life advice they would have received throughout their childhood and into adulthood. A Buffalo wrongful death lawyer presents evidence of the unique parental relationship and its invaluable impact on children's development and wellbeing.
• Loss of Companionship and Consortium: Spouses can recover damages for the loss of love, companionship, comfort, intimacy, and emotional support their marriage provided. This profound loss affects every aspect of surviving spouses' lives and deserves substantial recognition in wrongful death compensation.
• Loss of Protection and Care: Family members can seek damages for the loss of protection, care, assistance, and society the deceased provided to their loved ones. Parents, children, and other family members rely on these intangible but deeply valuable contributions throughout their relationships.
• Conscious Pain and Suffering: If your loved one survived for any period between the injury and death, their estate can pursue compensation for the physical pain, mental anguish, and emotional distress they experienced. Even brief periods of consciousness before death can involve tremendous suffering deserving of compensation.
• Punitive Damages: In cases involving particularly reckless, willful, or malicious conduct, New York law may allow punitive damages that punish defendants and deter similar behavior. Drunk driving fatalities, intentional violence, and gross negligence cases may warrant these additional damages.

No amount of money can replace a lost loved one, but comprehensive compensation provides financial security and holds wrongdoers accountable for the devastation they caused. Contact RK&L today for a free consultation to discuss the full value of your family's wrongful death claim and how we can help you pursue justice.

How a Buffalo Wrongful Death Lawyer Can Maximize Your Compensation

Wrongful death cases involve complex legal procedures, difficult negotiations with insurance companies, and emotional challenges for grieving families. At RK&L, our Buffalo wrongful death lawyer team handles every aspect of your case with compassion and determination, allowing you to focus on healing while we fight for the compensation your family deserves.

• Thorough Investigation of Fatal Incident: A Buffalo wrongful death lawyer conducts comprehensive investigations to establish exactly how and why your loved one died, gathering accident reports, witness statements, surveillance footage, photographs, and physical evidence. Our Buffalo personal injury lawyers work with accident reconstructionists, medical experts, and investigators who document the negligence or wrongful conduct that caused the death.
• Identification of All Liable Parties: Many wrongful deaths involve multiple responsible parties whose combined negligence contributed to the fatal outcome. Your personal injury lawyer identifies every individual, company, government entity, and insurance policy that bears responsibility, maximizing available compensation sources for your family.
• Collaboration with Expert Witnesses: Wrongful death claims require qualified professionals who can testify about causation, life expectancy, earning capacity, and the value of lost companionship and guidance. We work with medical examiners, economists, vocational experts, and life care planners who provide credible testimony supporting comprehensive damages.
• Complete Calculation of Economic Losses: We thoroughly evaluate your loved one's earning history, career potential, benefits, and expected retirement to calculate the full value of lost financial support over their projected lifetime. A Buffalo wrongful death lawyer ensures no category of economic loss is overlooked when determining your claim's value.
• Documentation of Non-Economic Damages: Quantifying the loss of companionship, guidance, and love requires careful presentation of your family's unique relationship with the deceased. We gather photographs, videos, personal testimony, and other evidence demonstrating the profound impact of your loss.
• Aggressive Negotiation with Insurance Companies: Insurance adjusters often undervalue wrongful death claims or employ tactics to minimize payouts during your family's grief. Our attorneys present compelling evidence and negotiate forcefully to secure fair settlements that reflect the true magnitude of your losses.
• Protection of Estate Interests: Your Buffalo wrongful death lawyer ensures proper appointment of estate representatives, coordinates with probate proceedings, and protects your family's legal and financial interests throughout the claims process. We handle complex legal procedures that grieving families shouldn't navigate alone.
• Trial Preparation and Litigation: While many wrongful death cases settle, we prepare every case for trial to demonstrate our commitment to full compensation. Our courtroom experience and reputation for thorough preparation strengthen settlement negotiations and lead to better outcomes for families.
• Handling of Liens and Debts: Medical liens, outstanding debts, and other financial obligations affecting the estate require careful management to maximize net recovery for surviving family members. A personal injury lawyer at RK&L navigates these complex issues to protect your family's financial interests.

Experienced legal representation makes a significant difference in wrongful death case outcomes, often resulting in substantially higher compensation for families. Contact RK&L today for a free consultation to learn how our Buffalo wrongful death lawyer team can help your family pursue justice and financial security.

Types of Buffalo Wrongful Death Cases We Handle

At RK&L, our Buffalo wrongful death lawyer team represents families who lost loved ones in diverse tragic circumstances throughout Western New York. We have the knowledge and resources to handle complex wrongful death litigation involving various types of fatal accidents and negligence.

• Motor Vehicle Accidents: Our Buffalo fatal car accident lawyers represent families whose loved ones died in car accidents, truck collisions, motorcycle crashes, and pedestrian accidents caused by negligent, distracted, impaired, or reckless drivers. Traffic fatalities often involve multiple liable parties including drivers, trucking companies, vehicle manufacturers, and government entities responsible for road maintenance.
• Medical Malpractice: A Buffalo wrongful death lawyer at RK&L pursues claims against healthcare providers whose negligent treatment, surgical errors, medication mistakes, misdiagnosis, or failure to diagnose caused preventable deaths. Medical malpractice wrongful death cases require extensive medical record review and expert testimony establishing departures from accepted standards of care.
• Workplace Accidents: We represent families of workers killed in construction accidents, industrial incidents, machinery malfunctions, falls, and other occupational fatalities caused by unsafe conditions, inadequate training, or violations of safety regulations. While workers' compensation provides limited death benefits, third-party wrongful death claims against equipment manufacturers, contractors, and property owners often remain available.
• Nursing Home Abuse and Neglect: Families can pursue wrongful death claims when elderly loved ones die from neglect, malnutrition, dehydration, untreated medical conditions, bedsores, falls, or physical abuse in nursing homes and assisted living facilities. Your personal injury lawyer holds facilities accountable for failing to provide proper care and supervision.
• Defective Products: Our defective product lawyers in Buffalo represent families whose loved ones died from dangerous prescription drugs, defective medical devices, unsafe consumer products, or defective automotive components. Product liability wrongful death claims pursue compensation from manufacturers, distributors, and retailers who placed deadly products in the marketplace.
• Premises Liability Accidents: Property owners face wrongful death liability when negligent maintenance, hazardous conditions, inadequate security, or code violations cause fatal accidents on their premises. Slip and fall deaths, drowning incidents, and deaths from violent crimes due to inadequate security all fall under premises liability.
• Pedestrian and Bicycle Fatalities: A Buffalo wrongful death lawyer pursues claims for families whose loved ones died while walking or cycling due to driver negligence, dangerous road conditions, or inadequate traffic controls. These vulnerable road users deserve protection, and their families deserve justice when negligence proves fatal.
• Drunk Driving Deaths: Our Buffalo drunk driving accident lawyers represent families devastated by drunk driving accidents, pursuing claims against impaired drivers and potentially against bars or restaurants that overserved visibly intoxicated patrons. Dram shop liability laws allow wrongful death claims against establishments whose alcohol service contributed to fatal crashes.
• Assault and Intentional Violence: When intentional acts of violence cause death, families can pursue civil wrongful death claims regardless of criminal proceedings. We hold violent offenders financially accountable and may also pursue premises liability claims against property owners who failed to provide adequate security.
• Carbon Monoxide Poisoning: Defective heating systems, blocked ventilation, and faulty appliances can release deadly carbon monoxide gas causing brain damage and death. Your Buffalo wrongful death lawyer holds landlords, manufacturers, and maintenance companies accountable for fatal carbon monoxide incidents.
• Swimming Pool and Drowning Accidents: Property owners, pool operators, and lifeguard services face liability when inadequate supervision, missing safety equipment, or dangerous conditions cause fatal drowning incidents. We represent families of children and adults who died in preventable drowning accidents.
• Birth Injuries: Medical negligence during pregnancy, labor, or delivery that causes infant death or maternal death creates grounds for wrongful death claims against obstetricians, hospitals, and healthcare providers. These devastating cases require sensitive handling and thorough medical investigation by a personal injury lawyer who understands birth injury litigation.

No matter how your loved one died, if negligence, recklessness, or wrongful conduct contributed to their death, you deserve answers and accountability. Contact our Buffalo wrongful death lawyer team at RK&L today for a free consultation about your family's specific circumstances and legal options.

Who May Be Liable for Your Loved One's Death?

Wrongful death claims can involve multiple parties whose actions or failures contributed to the fatal outcome. A Buffalo wrongful death lawyer at RK&L conducts thorough investigations to identify all potentially responsible parties and pursue maximum compensation from available sources.

• Negligent Drivers: Motorists who cause fatal accidents through speeding, distracted driving, drunk driving, reckless operation, or traffic violations face primary liability for wrongful death. Your personal injury lawyer pursues claims against at-fault drivers and their automobile insurance policies for full compensation.
• Trucking Companies: Commercial trucking operations bear responsibility when their drivers cause fatal accidents due to fatigue, inadequate training, improper maintenance, overloaded cargo, or violations of federal motor carrier safety regulations. Companies that pressure drivers to violate hours-of-service rules or cut corners on safety face wrongful death liability.
• Healthcare Providers and Hospitals: Doctors, nurses, surgeons, anesthesiologists, and medical facilities face liability when medical negligence causes preventable deaths. A Buffalo wrongful death lawyer works with medical experts to establish departures from accepted standards of care that directly caused your loved one's death.
• Employers and Contractors: Companies that maintain unsafe workplaces, fail to provide proper safety equipment, ignore OSHA regulations, or expose workers to known hazards face liability for fatal workplace accidents. General contractors, subcontractors, and property owners at construction sites may all bear responsibility for worker deaths.
• Property Owners and Landlords: Residential and commercial property owners must maintain safe premises and address hazardous conditions that could cause fatal injuries. Landlords who fail to install smoke detectors, maintain safe stairways, or provide adequate security can be held liable when tenants or visitors die from preventable accidents or violence.
• Product Manufacturers: Companies that design, manufacture, or distribute defective products that cause death face strict product liability for wrongful death. Manufacturers who fail to properly test products, provide adequate warnings, or recall dangerous items bear responsibility for resulting fatalities.
• Nursing Homes and Care Facilities: Long-term care facilities that fail to provide adequate staffing, proper medical care, nutrition, hydration, or supervision face liability when neglect causes resident deaths. Your Buffalo wrongful death lawyer holds these facilities accountable for failing to protect vulnerable elderly residents.
• Bars and Restaurants: Establishments that serve alcohol to visibly intoxicated patrons who subsequently cause fatal drunk driving accidents may face dram shop liability under New York law. Social hosts who serve minors may also bear responsibility for alcohol-related deaths.
• Government Entities: Municipalities, counties, and state agencies can be liable for wrongful deaths caused by dangerous road conditions, inadequate traffic controls, negligent maintenance, or other failures to maintain safe public infrastructure. Claims against government defendants require compliance with special notice requirements and procedural rules.
• Security Companies: Businesses providing security services face liability when inadequate protection, negligent hiring, or failure to respond properly allows violent crimes that cause death. Property owners who contract with inadequate security providers may share responsibility.
• Pharmaceutical Companies: Drug manufacturers who fail to properly test medications, provide adequate warnings about side effects, or conceal known dangers face wrongful death liability when their products cause fatal reactions or overdoses. A personal injury lawyer at RK&L pursues claims against pharmaceutical companies whose negligence or misconduct proved deadly.
• Equipment Manufacturers: Makers of defective machinery, tools, safety equipment, or industrial equipment face liability when product failures cause workplace fatalities or other accidental deaths. Manufacturing defects, design defects, and inadequate warnings all create grounds for wrongful death product liability claims.

Identifying all liable parties often requires extensive investigation, document review, and expert analysis. At RK&L, our Buffalo wrongful death lawyer team has the resources and determination to uncover all sources of liability and pursue comprehensive compensation for your family. Contact us today for a free consultation to discuss who may be responsible for your loved one's death.

What To Do After Losing a Loved One to Wrongful Death

The period following a family member's unexpected death is overwhelming, but taking certain steps protects your legal rights and preserves important evidence for pursuing justice. A Buffalo wrongful death lawyer at RK&L provides compassionate guidance during this difficult time.

• Focus on Your Family's Immediate Needs: Prioritize your family's physical and emotional wellbeing before addressing legal matters, as your health and healing are most important. Seek support from family, friends, grief counselors, or religious advisors who can provide comfort during this devastating time.
• Obtain Official Death Certificate: Request multiple certified copies of the death certificate from the county clerk's office, as you'll need these documents for insurance claims, estate matters, and legal proceedings. The death certificate officially documents the date, location, and cause of death for your wrongful death claim.
• Preserve All Documentation: Keep any documents related to the fatal incident including accident reports, medical records, hospital bills, correspondence with insurance companies, and communications with parties involved. A Buffalo wrongful death lawyer uses this documentation to establish liability and calculate damages.
• Document the Incident Scene: If possible and appropriate, take photographs of accident locations, dangerous conditions, or defective products that contributed to the death. Preserve physical evidence such as defective items, damaged property, or clothing that may demonstrate how the fatal incident occurred.
• Identify Witnesses: Obtain contact information for anyone who witnessed the fatal incident, provided emergency assistance, or has knowledge about circumstances leading to the death. Witness testimony often proves crucial in establishing liability in wrongful death claims.
• Do Not Discuss Details Publicly: Avoid posting about the death, your feelings, or incident details on social media platforms where defense attorneys can access your statements. Insurance companies and defendants monitor social media for information they can use to challenge or minimize wrongful death claims.
• Report the Incident to Authorities: Ensure proper authorities are notified depending on circumstances—police for accidents or violent deaths, OSHA for workplace fatalities, or appropriate regulatory agencies for medical malpractice or nursing home deaths. Official investigations create important documentation supporting your personal injury lawyer's case.
• Avoid Quick Settlement Offers: Do not accept settlement offers from insurance companies or sign releases without consulting an attorney, as initial offers typically undervalue wrongful death claims significantly. Once you sign a release, you permanently give up rights to pursue additional compensation.
• Gather Financial Records: Collect documentation of your loved one's income, employment, benefits, and financial contributions to the household including pay stubs, tax returns, bank statements, and retirement account information. Your Buffalo wrongful death lawyer needs this information to calculate the full value of lost financial support.
• Consult With Estate Attorney: Determine who will serve as personal representative of your loved one's estate and handle probate matters, as this person typically files the wrongful death lawsuit on behalf of beneficiaries. Estate planning attorneys can guide you through appointment procedures and legal requirements.
• Keep Records of All Expenses: Document all costs related to medical treatment before death, funeral and burial expenses, travel costs, and any other financial losses your family incurred. Wrongful death claims seek reimbursement for these expenses in addition to other damages.
• Contact a Buffalo Wrongful Death Lawyer Immediately: Reach out to experienced legal counsel as soon as you're ready to discuss potential claims, ideally within weeks or months of the death to protect evidence and meet legal deadlines. Early representation allows your attorney to conduct timely investigations, preserve evidence, and ensure filing requirements are met.

Time limits strictly govern wrongful death claims, and evidence deteriorates or disappears as time passes. Contact RK&L today for a free, confidential consultation with a compassionate Buffalo wrongful death lawyer who will guide your family through the legal process while you focus on healing. We handle wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your family. Let us pursue the justice and accountability your loved one deserves.

Contact Our Buffalo Wrongful Death Lawyer Today

Losing a loved one to someone else's negligence creates devastating emotional and financial hardship that no family should face alone. At RK&L, our Buffalo wrongful death lawyer team provides compassionate, determined representation to help families pursue justice and the comprehensive compensation they deserve. We understand that no settlement can replace your loved one, but holding responsible parties accountable provides closure and financial security during an incredibly difficult time. Contact us today for a free consultation to discuss your family's loss and legal options. We work on a contingency fee basis—you pay no attorney fees unless we recover compensation for your family.

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FAQs

Does Workers' Compensation Affect Wrongful Death Claims?

If your loved one died in a workplace accident, workers' compensation typically provides limited death benefits to surviving dependents, but these benefits are often insufficient to fully compensate families for their losses. While workers' compensation generally bars wrongful death lawsuits against employers, third-party claims against equipment manufacturers, contractors, property owners, or other negligent parties often remain available. A Buffalo wrongful death lawyer evaluates your situation to identify all potential claims beyond workers' compensation and pursue maximum recovery from all liable parties.

Can I File A Wrongful Death Claim If Criminal Charges Are Filed?

Yes, you can pursue a civil wrongful death claim even if criminal charges are filed against the responsible party. Criminal and civil cases are separate proceedings with different purposes, standards of proof, and outcomes. Criminal cases seek to punish wrongdoers through incarceration and fines, while wrongful death claims focus on compensating families for their losses. The lower burden of proof in civil cases means you may win a wrongful death claim even if criminal prosecution fails to secure a conviction. Your Buffalo wrongful death lawyer handles the civil claim independently from any criminal proceedings.

What If My Loved One Was Partially At Fault For The Accident?

New York follows pure comparative negligence rules, meaning families can still pursue wrongful death claims even if the deceased shared some responsibility for the accident that caused their death. However, any compensation awarded will be reduced by the percentage of fault attributed to the deceased. For example, if the total damages are $1 million and the deceased is found 20% at fault, the family would recover $800,000. A personal injury lawyer at RK&L presents evidence minimizing your loved one's fault percentage while establishing the defendant's primary responsibility for the fatal incident.

How Much Does It Cost To Hire A Buffalo Wrongful Death Lawyer?

RK&L handles wrongful death cases on a contingency fee basis, which means you pay no upfront costs or attorney fees unless we successfully recover compensation for your family. Our fee is a percentage of the settlement or verdict we obtain, so we only get paid when you get paid. This arrangement allows grieving families to access quality legal representation regardless of their financial situation and ensures we're motivated to maximize your recovery. The initial consultation is completely free and confidential, giving you the opportunity to discuss your case and understand your legal options without any financial obligation.

What Evidence Is Needed For A Wrongful Death Case?

Strong wrongful death cases require documentation establishing how and why the death occurred and proving the defendant's liability. Important evidence includes accident reports, medical records, autopsy reports, witness statements, photographs or videos of the incident scene, employment records showing lost income, and expert testimony from accident reconstructionists, medical professionals, or economists. Your Buffalo wrongful death lawyer at RK&L conducts thorough investigations to gather all necessary evidence, working with qualified experts who can establish causation and calculate the full value of your family's losses. Early legal representation helps preserve crucial evidence before it's lost or destroyed.

How Long Does A Wrongful Death Case Take?

The timeline for wrongful death cases varies significantly depending on case complexity, number of defendants involved, willingness to negotiate settlements, and court schedules if trial becomes necessary. Some cases settle within several months through negotiation, while complex litigation involving multiple parties or disputed liability may take one to three years or longer to resolve. A Buffalo wrongful death lawyer at RK&L works efficiently to pursue compensation as quickly as possible while never sacrificing the quality of your case or accepting inadequate settlement offers. We keep families informed throughout the process and explain what to expect at each stage of litigation.

Will My Wrongful Death Case Go To Trial?

Most wrongful death cases settle through negotiation without going to trial, as defendants and insurance companies often prefer to avoid the uncertainty and expense of jury trials. However, your personal injury lawyer must prepare every case thoroughly for trial to demonstrate serious commitment to full compensation, which strengthens settlement negotiations. If defendants refuse to offer fair settlements that adequately compensate your family, RK&L has extensive trial experience and is fully prepared to present your case to a jury. Our reputation for courtroom success often motivates defendants to make reasonable settlement offers.

Can Siblings Or Extended Family Members Recover Damages?

New York wrongful death law primarily benefits the deceased's spouse, children, and parents, though other family members who were financially dependent on the deceased may also have claims. Siblings, grandparents, and other relatives typically can only recover wrongful death damages if they can demonstrate actual financial dependency on the deceased. However, certain family members may have separate survival action claims if the deceased suffered conscious pain before death. A Buffalo wrongful death lawyer at RK&L evaluates your specific family circumstances and relationship to the deceased to determine your eligibility for compensation.

What If The Responsible Party Has No Insurance?

When defendants lack insurance or have insufficient coverage to fully compensate wrongful death claims, your Buffalo wrongful death lawyer explores alternative compensation sources. This may include underinsured motorist coverage on the deceased's or family members' auto policies, umbrella insurance policies, business assets if a company is liable, or personal assets of wealthy defendants. In some cases, multiple defendants share liability, providing additional insurance policies and assets for recovery. Even when insurance seems inadequate, experienced legal counsel often identifies compensation sources families don't realize exist. RK&L thoroughly investigates all potential sources of recovery to maximize compensation for your family.