Wrongful Death Lawyer Buffalo NY

Common Causes of Wrongful Death in Buffalo

Wrongful deaths in Buffalo occur through many causes:

• Medical malpractice: Including surgical errors, misdiagnosis, delayed diagnosis, medication errors, anesthesia errors, birth injuries, and failure to treat infections. [Link to: /medical-malpractice/what-is-medical-malpractice] [Link to: /medical-malpractice/cancer-misdiagnosis]
• Motor vehicle accidents: Including car accidents, truck accidents, motorcycle accidents, and pedestrian accidents. [Link to: /brain-injury/motor-vehicle-accidents]
• Construction accidents: Including falls from heights, scaffold accidents, crane accidents, and trench collapses. [Link to: /brain-injury/scaffold-falls]
• Nursing home neglect and abuse: Including bedsores, falls, malnutrition, dehydration, infections, and medication errors. [Link to: /nursing-home-abuse-lawyer] [Link to: /nursing-home-abuse-lawyer/wrongful-death]
• Workplace accidents: Including industrial accidents, manufacturing accidents, and transportation accidents.
• Premises liability: Including slip and fall accidents, inadequate security, and dangerous conditions. [Link to: /brain-injury/slip-and-fall]
• Product liability: Defective products, drugs, or medical devices that caused death. [Link to: /product-liability-lawyer] [Link to: /dangerous-drugs]
• Criminal acts: Homicide, assault, or other intentional acts — particularly where inadequate security contributed. [Link to: /wrongful-death-lawyer]

Major Buffalo Hospitals and Healthcare Systems

Medical malpractice is a leading cause of wrongful death in Buffalo. Major healthcare systems include:

• Buffalo General Medical Center (Kaleida Health): A major teaching hospital. [Link to: /hospital-negligence-lawyer]
• Oishei Children's Hospital (Kaleida Health): The primary children's hospital for Western New York. [Link to: /brain-injury/pediatric]
• Millard Fillmore Suburban Hospital (Kaleida Health, Amherst): A suburban hospital.
• Mercy Hospital (Catholic Health): A community hospital.
• Sisters of Charity Hospital (Catholic Health): A community hospital.
• Erie County Medical Center (ECMC): A Level I Trauma Center and public hospital — with potential Notice of Claim requirements. [Link to: /hospital-negligence/suing-nyc-h-h]
• Roswell Park Comprehensive Cancer Center: A major cancer center. [Link to: /medical-malpractice/cancer-misdiagnosis]

Who Can File a Wrongful Death Lawsuit in Buffalo?

In New York, a wrongful death lawsuit must be filed by the personal representative of the deceased's estate — who is typically appointed by the Erie County Surrogate's Court. The personal representative files the lawsuit on behalf of the 'distributees' (the family members entitled to recover). Distributees are determined by New York's intestacy laws (EPTL § 4-1.1):

• Spouse and children: Spouse receives the first $50,000 plus half of the remainder; children receive the other half.
• If no children: Spouse receives everything.
• If no spouse: Children receive everything.
• If no spouse or children: Parents receive everything.
• If no spouse, children, or parents: Siblings receive everything.

Damages in Buffalo Wrongful Death Cases

Damages in Buffalo wrongful death cases may include:

• Pecuniary loss: The financial support the deceased would have provided to the family — including lost wages, lost benefits, and loss of parental guidance. [Link to: /wrongful-death/pecuniary-loss]
• Conscious pain and suffering: If the deceased survived for any period before death — the estate can recover for the pain and suffering experienced. [Link to: /wrongful-death/conscious-pain-suffering]
• Funeral and burial expenses.
• Medical expenses: For treatment provided before death.
• Loss of inheritance.
• Loss of parental guidance and nurture: For the deceased's children. [Link to: /wrongful-death/child]

Erie County Surrogate's Court

The Erie County Surrogate's Court — located at 92 Franklin Street, Buffalo, NY 14202 — handles probate and estate matters, including the appointment of personal representatives for wrongful death lawsuits. To file a wrongful death lawsuit, the family must first obtain Letters of Administration (or Letters Testamentary, if the deceased had a will) from the Surrogate's Court — appointing the personal representative who will file the lawsuit on behalf of the distributees. [Link to: /wrongful-death/letters-of-administration]

New York Statute of Limitations

Under EPTL § 5-4.1, the statute of limitations for wrongful death in New York is 2 years from the date of death. For medical malpractice wrongful death, the SOL is also 2.5 years from the date of the negligent act (CPLR § 214-a) — whichever is shorter. For survival claims (the deceased's own pain and suffering), the SOL depends on the underlying claim. For claims against ECMC (a public hospital), a Notice of Claim must be filed within 90 days. Contact an attorney immediately. [Link to: /wrongful-death/statute-of-limitations] [Link to: /wrongful-death/notice-of-claim-nyc]

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.