Losing a loved one is one of the hardest experiences anyone can face. When that loss is caused by someone else’s carelessness or negligence, it can leave families feeling overwhelmed, confused, and uncertain about what steps to take next. Bills still need to be paid, medical expenses may linger, and families are often unsure how to protect their legal rights. At Andrews, Bernstein & Maranto, PLLC, we understand the emotional weight you are carrying. Our Buffalo wrongful death lawyers are here to guide you through the process, provide answers to your questions, and fight for the compensation your family deserves. We offer free consultations and will start working on your case immediately once you hire us, ensuring that no time is wasted in protecting your rights.
What Is a Wrongful Death Claim in Buffalo, New York?
A wrongful death claim is a legal action filed when someone dies due to another party’s negligence, recklessness, or intentional act. These claims give surviving family members a chance to recover financial compensation for the losses they experience. Wrongful death is recognized under New York law, and families in Buffalo often face challenges navigating the legal system while grieving. Common examples of wrongful death incidents include:
- Car or truck accidents where drivers were distracted, speeding, or impaired
- Medical malpractice involving preventable errors by doctors, nurses, or hospitals
- Construction site accidents caused by unsafe conditions or improper safety protocols
- Negligent security leading to violent attacks or unsafe conditions
Each of these situations can result in tragic loss, and it is critical for families to seek legal guidance immediately. Statistics indicate that traffic accidents alone account for thousands of fatalities in New York every year, while medical errors remain a leading cause of preventable death.
Who Can File a Wrongful Death Claim in Buffalo?
New York law identifies who is eligible to file a wrongful death claim. In Buffalo, this typically includes:
- Surviving spouse: A husband or wife who relied on the deceased for companionship, support, or financial contributions
- Children: Biological or legally adopted children who suffer the loss of guidance, love, and financial support
- Parents: If there is no surviving spouse or children, parents may be eligible to file a claim
Other family members, such as siblings or grandparents, generally do not have legal standing to file a claim. Because of these limitations, it is crucial to consult with a Buffalo wrongful death lawyer promptly to ensure the proper parties file the claim and preserve legal rights.
What Damages Can Families Recover?
Wrongful death claims in Buffalo can seek compensation for multiple losses. The goal is to ease the financial burden on surviving family members while acknowledging the emotional suffering caused by the death. Recoverable damages may include:
- Funeral and burial expenses: Costs of cremation, burial, and related services
- Lost earnings and benefits: Income, retirement contributions, or other financial support the deceased would have provided
- Loss of companionship and guidance: Emotional support, love, mentorship, and parental guidance lost due to the death
In certain cases, damages may also include compensation for emotional pain and suffering. Our Buffalo wrongful death lawyers ensure every possible recoverable item is included, so families are not left with additional financial stress while grieving.
Statute of Limitations
Timing is critical in wrongful death cases. In New York, the statute of limitations is two years from the date of death. This is different from standard personal injury claims, which generally have a three-year limit. Failing to file within this window can prevent families from recovering compensation entirely. Immediate legal guidance is necessary to protect your rights and meet all filing deadlines.
Common Causes of Wrongful Death in Buffalo
Understanding the circumstances that lead to wrongful death helps families recognize when they may have a valid claim. Common causes include:
- Car and truck accidents: Distracted driving, speeding, or driving under the influence
- Medical malpractice: Surgical errors, misdiagnosis, or medication mistakes
- Construction accidents: Falls, equipment failures, and unsafe worksite conditions
- Negligent security: Deaths occurring due to inadequate security measures at businesses or public spaces
Each situation requires careful investigation and collection of evidence, including accident reports, medical records, and witness statements.
How the Legal Process Works
The wrongful death process in Buffalo can feel overwhelming, but it follows a structured path that our team will guide you through:
- Case Evaluation: During a free consultation, we review your situation, answer questions, and explain your legal options.
- Investigation: Our lawyers gather evidence, consult experts, and build a strong case on behalf of your family.
- Filing the Claim: The claim is filed in court within the two-year statute of limitations.
- Negotiation: We communicate with insurance companies and other parties to secure fair compensation.
- Trial: If negotiations fail, we take your case to court, fighting to maximize recovery for your family.
Important: Never speak to insurance companies before hiring a lawyer. Even your own insurer may attempt to reduce your claim.
Why Families Choose Andrews, Bernstein & Maranto, PLLC
We are committed to guiding Buffalo families through the legal process and ensuring justice for your loved one. From the moment you hire us, we begin working immediately, investigating the case and negotiating with insurance companies. Our goal is to secure full and fair compensation while allowing families to focus on healing. With years of experience handling wrongful death cases in Buffalo and Western New York, we understand local laws, court procedures, and the tactics insurers use to minimize payouts.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Robert J.
Maranto, III
Attorney
Thanon
Rezvi
Attorney
Rea Marcelo
Roxas
Attorney
Mistakes Families Should Avoid After a Wrongful Death in Buffalo
Losing a loved one unexpectedly is devastating. When that death is caused by someone else’s negligence, families face not only emotional pain but also the complex task of protecting their legal rights. Making even small mistakes during this time can reduce the compensation your family may receive. Understanding these pitfalls and acting carefully can make a significant difference in a wrongful death claim.
1. Speaking to Insurance Companies Without a Lawyer
After a wrongful death, insurance companies may contact surviving family members quickly. Adjusters often try to obtain statements that can minimize payout. Even casual or well-intentioned comments can be used against your claim. Families should never speak to insurance companies without an attorney. A Buffalo wrongful death lawyer handles all communications, protects your rights, and ensures your statements cannot be misused.
2. Waiting Too Long to File a Claim
In Buffalo, wrongful death claims must be filed within two years of the death. Delaying action can result in missed deadlines, and your family may lose the right to compensation entirely. Promptly contacting a Buffalo wrongful death lawyer allows evidence to be preserved, witnesses to be located, and the claim to be filed properly.
3. Not Hiring a Trial-Ready Lawyer
Insurance companies know which lawyers are prepared to take cases to trial. Hiring an attorney without trial experience can weaken your position in settlement negotiations. Families should work with a lawyer who has courtroom experience and understands local Buffalo courts. This ensures insurance companies take your claim seriously.
4. Failing to Document Financial and Emotional Losses
Wrongful death affects families in many ways. Beyond funeral costs, surviving family members may lose a spouse’s or parent’s income, benefits, and emotional support. Families sometimes overlook documenting:
- Funeral and burial expenses
- Lost wages or support
- Loss of companionship and guidance
Keeping receipts, pay stubs, and written statements strengthens your claim and ensures all damages are considered.
5. Ignoring Medical or Mental Health Needs
Surviving family members often experience stress, anxiety, and grief after a wrongful death. While this may not seem directly related to the legal claim, untreated stress or emotional trauma can affect credibility, decision-making, and your ability to participate in the process. Seeking appropriate care and following professional guidance is critical.
6. Assuming the First Settlement Offer Is Fair
Insurance companies frequently make early offers that do not reflect the true value of a wrongful death claim. Families should avoid accepting any offer without consulting a Buffalo wrongful death lawyer. Experienced attorneys can evaluate the offer, negotiate higher compensation, or pursue a trial if necessary.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Frequently Asked Questions About Wrongful Death in New York
What is the difference between wrongful death and a criminal case?
A wrongful death claim is a civil lawsuit brought by surviving family members to recover compensation for the financial and emotional losses caused by someone else’s negligence or wrongful actions. A criminal case, on the other hand, is brought by the state to punish the person who caused the death. You can pursue a wrongful death claim regardless of whether criminal charges are filed.
How long does a wrongful death lawsuit take?
The timeline for a wrongful death case in New York varies depending on the complexity of the case, the type of accident, and insurance negotiations. Many cases settle within 12 to 24 months, but some can take longer if litigation or a trial is required. Starting your claim promptly helps preserve evidence and meet strict deadlines.
Can I file both a personal injury and a wrongful death claim?
Yes. In some situations, surviving family members may pursue a wrongful death claim for a deceased loved one while also filing a personal injury claim for injuries they personally suffered due to the same incident. An attorney can help you determine the appropriate claims for your circumstances.
Who can file a wrongful death claim in New York?
The law allows certain family members to file a wrongful death claim:
- Spouse of the deceased
- Children (biological or adopted)
- Parents (if there is no surviving spouse or children)
Other relatives, like siblings or grandparents, generally cannot file a claim.
What types of damages can be recovered in a wrongful death claim?
Surviving family members may recover damages for:
- Funeral and burial expenses
- Lost wages, benefits, and financial support the deceased would have provided
- Loss of companionship, guidance, and care
Every case is unique, and the damages are calculated based on the family’s specific losses.
What are the common causes of wrongful death in New York?
Some of the most frequent causes include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Construction site accidents
- Negligent security leading to injury or death
How does the legal process work?
- Initial consultation – Your attorney reviews the case and explains your options.
- Investigation – Evidence is gathered, including accident reports, medical records, and witness statements.
- Filing the claim – The lawsuit is filed within the two-year statute of limitations.
- Negotiation – Settlement discussions with insurance companies take place.
- Trial – If a fair settlement cannot be reached, the case may go to court.
What happens if the insurance company offers a settlement?
Insurance companies often try to settle quickly for a lower amount than your family deserves. You should never accept a settlement without legal guidance. A New York wrongful death lawyer can evaluate the offer and negotiate to ensure full compensation for your family.
Do I have to go to trial?
Not always. Many wrongful death cases are resolved through settlements. However, if the insurance company refuses a fair offer, your attorney can take the case to trial to maximize your recovery.
What should I do first after losing a loved one due to negligence?
- Seek immediate medical care for any injuries or stress-related conditions you may have.
- Contact a Buffalo New York wrongful death lawyer to discuss your legal rights.
- Avoid speaking with insurance companies until your attorney is involved.
- Document any financial losses or expenses related to the death.
Verdicts & Settlements
Contact a Buffalo, NY Wrongful Death Lawyer Today
If you or your family have lost a loved one due to someone else’s negligence in Buffalo, NY, it is normal to feel overwhelmed and uncertain about your next steps. A wrongful death claim in New York allows surviving spouses, children, and parents to seek compensation for funeral expenses, lost earnings, and the loss of companionship. Common causes include car accidents, medical malpractice, construction accidents, and negligent security incidents.
The legal process can feel complicated, and New York law sets a two-year statute of limitations for wrongful death claims. Acting quickly ensures that evidence is preserved, deadlines are met, and your family’s rights are fully protected.
At Andrews, Bernstein & Maranto, PLLC, we provide free consultations to review your situation, answer questions, and explain your options. We work on a contingency fee basis, which means you never owe any money unless we achieve a successful result for your family. This approach allows you to focus on grieving and healing while we handle the legal process.
Our Buffalo wrongful death lawyers guide families through every step—from gathering evidence and documenting damages to negotiating with insurance companies or taking a case to trial if necessary. We are dedicated to helping families pursue full and fair compensation while providing compassionate support during this difficult time.
Call us today to schedule your free consultation. You do not have to face this loss alone—Andrews, Bernstein & Maranto, PLLC is here to fight for your family’s rights in Buffalo, NY.
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Client Reviews
I can’t say enough about Bob Maranto and his team! They truly helped me through one of the most difficult times of my life. They were always so positive, accessible, and communicative. I highly recommend this firm if you are looking for a team that will go above and beyond, and will take some of the load off of dealing with a personal injury. I felt like Bob and his team allowed me to have some peace of mind while I was recovering. Definitely hire this firm, you won’t regret it!