Wrongful Death Lawyer Buffalo, NY

Did you lose a loved one in Buffalo because of someone else’s negligence?

Compassionate attorneys helping grieving Buffalo families seek accountability and compensation.

No amount of money can replace someone you love. But holding the responsible party accountable can bring a measure of justice, provide a degree of closure, and secure your family’s financial future. A wrongful death lawyer in Buffalo, NY at Jacobson Injury Firm investigates what happened, establishes negligence, handles the insurers, and pursues the full compensation your family deserves, treating your loss with the care and respect it demands. Attorney Adam Jacobson, licensed in New York, prepares each claim as though it will be decided by a jury. Contact us for a free, confidential consultation.

Wrongful Death Lawyer Buffalo, NY

A wrongful death claim arises when a person dies because of another party’s negligence or wrongful act, the same underlying conduct that, had the person survived, would have supported a personal injury claim. These cases in and around Buffalo can follow a fatal Buffalo car accident on I-90 or I-190, a fatal Buffalo truck accident on the Peace Bridge freight corridor, a fatal Buffalo construction accident at one of the city’s active development sites, or Buffalo medical malpractice at one of the region’s major healthcare facilities. In New York, these claims are governed by a specific statute, and matters that proceed to litigation are heard in Erie County Supreme Court, part of New York’s 8th Judicial District.

New York’s Wrongful Death Act and Survival Act: Two Claims Working Together

Two distinct legal claims work together after a fatal injury in New York, and understanding both is essential to maximizing a family’s recovery. The Wrongful Death Act, EPTL § 5-4.1, allows the deceased person’s distributees, typically the surviving spouse, children, and parents, to recover for their own pecuniary losses caused by the death. Under current New York law, these damages are economic in nature: the financial support the deceased would have provided, the value of household services and contributions to the family, and the loss of parental guidance and nurturing for minor children.

Alongside the wrongful death claim, the Survival Act, EPTL § 11-3.2, allows the deceased person’s estate to recover for the losses the person suffered between the injury and death. This typically includes compensation for the deceased’s conscious pain and suffering during the period before death, and for related medical expenses and funeral costs. Together, these two claims capture both the family’s ongoing economic losses and the losses the deceased experienced personally before dying.

An important note on the current state of New York law: the Grieving Families Act, which would have expanded wrongful death recovery to include grief, sorrow, and emotional anguish as independent damages categories available to surviving family members, was passed by the legislature but vetoed by Governor Hochul in December 2023. Under current law, grief and sorrow are not independently recoverable wrongful death damages. The full economic impact of the loss and the deceased’s conscious pre-death pain and suffering remain fully compensable through the two-act framework.

Who Can Bring a Wrongful Death Claim in New York

Under New York law, a wrongful death action is filed by the personal representative of the deceased person’s estate, for the benefit of the distributees. Identifying who can bring the claim and in what capacity is one of the early steps in these cases, and an attorney can help open the estate and appoint a representative so the claim can proceed. The distributees who typically benefit include:

• A surviving spouse. Often the primary beneficiary, recovering for lost financial support, services, and companionship.
• Children. Including adult children, who may recover for lost parental support and guidance.
• Parents. Who may recover following the death of a child.
• Other dependent distributees. Depending on the family structure and who was financially dependent on the deceased.

Why Choose Jacobson Injury Firm as Your Wrongful Death Lawyer in Buffalo, NY?

Preparation Insurers Respect

Wrongful death cases require both sensitivity and rigorous proof, and the combination demands an attorney who takes these cases personally and seriously. Adam Jacobson approaches each case with a litigation-driven mindset and readies every matter as though it will reach a courtroom. He earned his law degree from Florida International University College of Law and is admitted to practice in New York, Florida, Connecticut, and Illinois. His Bachelor of Science in Biotechnology with a minor in Immunology proves especially useful when medical records and causation are central to establishing what happened.

Direct, Personal Representation

A grieving family deserves an attorney’s full, undivided attention, not a case passed between staff members. Adam personally handles every case from the first phone call to final resolution, guiding families through the legal process with compassion and keeping them informed at every stage. He has recovered millions of dollars for injured clients and families.

No Fee Unless We Win

Wrongful death cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. For the full range of matters we handle, see our Buffalo personal injury lawyer overview.

Understanding Damages Under New York Law

Under the Wrongful Death Act, EPTL § 5-4.1, the surviving distributees may recover for past and future lost financial support and earnings the deceased would have provided, the value of household services and contributions, and the loss of parental guidance for minor children. Under the Survival Act, EPTL § 11-3.2, the estate may recover for the deceased’s conscious pain and suffering before death and for related medical and funeral expenses. Where the deceased may have shared some fault for what caused their death, New York’s pure comparative fault rule under CPLR § 1411 can reduce the recovery proportionally, though the defendant bears the burden of proving that shared fault.

Important Aspects of a Wrongful Death Case in Buffalo

Opening the estate and appointing a personal representative is a necessary early step, and families who have not yet done this should involve an attorney early to guide the process. Preserving evidence of what caused the death is essential, and prompt investigation matters because physical evidence, records, and witness memories all fade. The two-year statute of limitations under EPTL § 5-4.1 runs from the date of death, and some causes of death, particularly those involving medical malpractice or government entities, can involve additional or shorter notice requirements. Having the specific dates reviewed promptly is critical.

The Wrongful Death Case Timeline

We help open the estate where needed, investigate what happened, preserve the evidence, and identify every liable party and insurance policy. We submit a demand and negotiate toward a fair settlement. If the insurer refuses a reasonable amount, we file suit in Erie County Supreme Court and move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.

Important New York Legal Resources

The Wrongful Death Act, EPTL § 5-4.1, governs the distributees’ pecuniary loss claim and gives most estates two years from the date of death to file. The Survival Act, EPTL § 11-3.2, governs the estate’s pre-death pain-and-suffering claim. Pure comparative fault under CPLR § 1411 applies where relevant, and claims against government entities require a Notice of Claim within 90 days of the death.

Wrongful Death Lawyer FAQs

Who can file a wrongful death claim in New York?

Under EPTL § 5-4.1, the claim is filed by the personal representative of the deceased’s estate for the benefit of the distributees, typically the surviving spouse, children, and parents. An attorney can help open the estate and appoint a representative.

What damages can our family recover under current New York law?

Under the Wrongful Death Act, recoverable damages focus on the economic pecuniary losses of the distributees, including lost financial support, services, and parental guidance. The Grieving Families Act that would have added grief and sorrow was vetoed in December 2023 and is not current law. Under the Survival Act, the estate recovers for the deceased’s conscious pain and suffering before death.

How long do we have to file?

Under EPTL § 5-4.1, most wrongful death claims must be filed within two years of the date of death. Medical malpractice deaths and claims against government defendants can involve their own additional deadlines. Having specific dates reviewed promptly is essential.

What if the deceased person was partly at fault?

Under New York’s pure comparative fault rule, CPLR § 1411, shared fault reduces but does not bar recovery. Even if the deceased bore some share of fault, the remaining portion of damages is still recoverable, and the defendant bears the burden of proving comparative fault.

What does it cost to hire a wrongful death lawyer?

Nothing upfront. Jacobson Injury Firm handles wrongful death cases on a contingency basis, so there are no attorney fees unless we recover compensation for your family. The initial consultation is free and confidential.

Contact Jacobson Injury Firm to Schedule a Consultation

If you lost a loved one because of another’s negligence in Buffalo, you do not have to face the insurance company alone during such a difficult time. A Buffalo wrongful death lawyer at Jacobson Injury Firm will listen, review what happened, and pursue accountability with compassion and skill. Consultations are free and confidential, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.