Losing a loved one is always a difficult and emotional time. However, the pain is even more severe when the death is due to someone else’s negligence or intentional act. In such cases, the family members of the deceased can pursue legal action by filing a wrongful death lawsuit. A wrongful death lawsuit is a legal action that allows the survivors of a deceased person to seek compensation for their loss.
If you are in Buffalo, NY, and have lost a loved one due to someone else’s negligence, you may be wondering who can sue for wrongful death. In this blog post, we will discuss the parties that have the legal standing to bring a wrongful death claim in Buffalo, NY.
What is Wrongful Death?
Wrongful death refers to a death that is caused by the wrongful act, neglect, or default of another person. The wrongful act can be an intentional act, such as assault or murder, or a negligent act, such as a car accident or medical malpractice.
Under New York law, when a wrongful death occurs, the personal representative of the deceased person’s estate may bring a lawsuit against the party or parties responsible for the death.
Who Can Sue for Wrongful Death in Buffalo, NY?
The personal representative of the deceased person’s estate is the only party that can bring a wrongful death lawsuit in Buffalo, NY. The personal representative is the individual or entity appointed by the court to manage the estate of the deceased person.
However, not everyone is entitled to recover damages in a wrongful death lawsuit. The following parties have the legal standing to recover damages in a wrongful death lawsuit in Buffalo, NY:
Surviving Spouse and Children
If the deceased person was married, their surviving spouse has the right to sue for wrongful death. If the deceased person was not married, their children can bring a wrongful death lawsuit.
Parents of a Minor Child
If the deceased person was a minor child, their parents have the right to sue for wrongful death.
Personal Representative of the Deceased Person’s Estate
As mentioned earlier, the personal representative of the deceased person’s estate can also sue for wrongful death.
Other Relatives
If the deceased person had no surviving spouse, children, or parents, other relatives, such as siblings or grandparents, may have the legal standing to bring a wrongful death lawsuit.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the following damages may be recoverable:
Economic Damages
Economic damages refer to the financial losses that the survivors of the deceased person have incurred or will incur as a result of the death. Economic damages may include funeral and burial expenses, medical expenses, lost wages and benefits, and loss of future earnings.
Non-Economic Damages
Non-economic damages refer to the intangible losses that the survivors of the deceased person have suffered as a result of the death. Non-economic damages may include loss of companionship, guidance, and support, pain and suffering, and emotional distress.
Additionally, it is important to note that the statute of limitations for filing a wrongful death lawsuit in Buffalo, NY is generally two years from the date of the death. It is crucial to file the lawsuit within the time limit to avoid losing the right to recover damages.
If you are the personal representative of the deceased person’s estate or a surviving family member and are considering filing a wrongful death lawsuit, it is important to gather as much evidence as possible. Evidence can include witness statements, medical records, police reports, and any other documents or information that can help support your claim.
Wrongful death cases can be complex, and it is recommended to work with an experienced wrongful death attorney in Buffalo, NY. A wrongful death attorney can help you navigate the legal process and maximize your chances of recovering compensation for your loss.
Losing a loved one due to someone else’s negligence is a painful experience. However, it is essential to understand your legal rights and pursue a wrongful death claim if you are eligible to do so. By seeking the advice of an experienced attorney, you can obtain the compensation you deserve and hold those responsible for your loved one’s death accountable.
At Andrews, Bernstein & Maranto, PLLC, we have extensive experience in handling wrongful death cases in Buffalo, NY. Our team of experienced attorneys can provide legal assistance to those who have lost a loved one due to someone else’s negligence.
We understand that losing a loved one due to wrongful death is a difficult and emotional experience. That is why we are committed to helping our clients obtain the compensation they deserve for their loss. Our attorneys can guide you through the legal process, evaluate your case, and determine whether you have a viable wrongful death claim.
We will investigate the circumstances surrounding your loved one’s death and gather evidence to support your claim. We can help you determine who has the legal standing to sue for wrongful death in Buffalo, NY, and advise you on the potential damages you may be entitled to recover.
Our team of attorneys is dedicated to helping our clients achieve a favorable outcome. We understand the emotional and financial toll that a wrongful death can have on a family, and we work tirelessly to help our clients obtain the compensation they deserve.
If you have lost a loved one due to someone else’s negligence, we can provide you with the legal representation you need. We will protect your rights, work to obtain the compensation you deserve, and guide you through the legal process every step of the way.