Although no amount of money can truly compensate an individual for the loss of a loved one, it can help to provide a sense of closure and ease the financial burden of burial and medical expenses placed on the decedent’s survivors.
Jed Dietrich, Esq. and his team of trial lawyers at the Dietrich Law Firm P.C. are experienced in handling wrongful death cases in Buffalo, New York. We are available 24 hours a day, 7 days a week at (716) 839-3939. We will come to you and there is never a fee until we WIN for you.
Jed Dietrich, Esq. obtained a $2,400,000.00 settlement for the family of a 49-year-old man who was struck and killed by a school bus while he was crossing the street at a crosswalk.
Jed Dietrich, Esq. fought to obtain compensation for the family of the decedent by:
- Taking over 15 depositions of witnesses. This included the decedent’s family members, the school bus driver, students on the bus and eyewitnesses;
- Hiring an expert in the field of economics to calculate and testify to the decedent’s future economic damages including lost wages, pension benefits and Social Security benefits; and
- Consulting with the pathologist who performed the decedent’s autopsy regarding the cause of death and length of time of the decedent’s conscious pain and suffering between the time of impact and the time of death.
In addition, Jed Dietrich, Esq. and his team of aggressive, tenacious and hardworking lawyers at the Dietrich Law Firm P.C. have obtained several settlements for wrongful death victims in Buffalo, New York. Jed Dietrich, Esq. fought to recover:
- A settlement for the family of a 67-year-old man who was struck and killed by a truck while he was crossing the street; and
- A settlement for the family of a 73-year-old man who was run over and killed by a sports utility vehicle.
You, and your loved ones, deserve the best personal injury lawyer in Buffalo, New York. Jed Dietrich, Esq. and his top rated team of Buffalo, New York wrongful death lawyers have settled $150,000,000.00 on behalf of their clients. They will battle to obtain the best possible result for YOU!What is a Wrongful Death?
A wrongful death is generally defined as a death caused by someone else’s negligent or reckless act. Wrongful deaths are commonly caused by car accidents, truck accidents, construction accidents, medical malpractice and nursing home abuse or neglect.
In the event of a wrongful death, the personal representative of the decedent’s estate can sometimes file a wrongful death action against those who are responsible for the death.
The wrongful death claim will seek to recover for damages suffered by the decedent and his or her heirs and beneficiaries. Often this includes:
- The decedent’s spouse;
- The decedent’s children; and
- The parents of a minor child.
If your loved one died as a result of someone else’s negligence or recklessness, contact Jed Dietrich, Esq. and his top rated team of Buffalo, New York wrongful death lawyers at the Dietrich Law Firm P.C. for a free consultation. We can be reached 24 hours a day, 7 days a week at (716) 839-3939. We will come to you and there is never a fee until we WIN for you.How Can We Prove a Wrongful Death?
Generally, in order to establish a successful claim for the wrongful death of a loved one, you must prove that the defendant was negligent or reckless. Additionally, you must prove that the defendant’s negligence or recklessness was a direct or contributing cause of the decedent’s death.
Negligence is often defined as a failure to act with the same level of care that a reasonable person would provide in the same or similar circumstances. Recklessness is often defined as conscious disregard of risk of harm to others.
Jed Dietrich, Esq. and his skilled team of wrongful death lawyers at the Dietrich Law Firm P.C. will build a case against a wrongful death defendant by showing that the following occurred:
The defendant owed a “duty.” Individuals accept responsibility for the foreseeable consequences of their actions. This is a duty. Generally, this means that individuals have a legal duty to refrain from acts that would harm another or a legal duty to do something in order to keep another safe.
The defendant breached its legal duty. To prove that a death was wrongful, there must be evidence that the defendant acted negligently, carelessly or recklessly, or that they failed to act when a reasonably prudent person would have.
For example, drivers owe a general duty of care to operate a motor vehicle as a reasonably prudent person would. To act as a reasonably prudent driver means to obey the rules of the road.
Therefore, if an individual was killed as a result of the defendant driver’s speeding, following too closely, failure to pay attention to the road or other negligent or reckless conduct, the plaintiff may be able to prove that the defendant driver breached their duty.
Conduct or lack of conduct of the defendant was the proximate cause of the decedent’s death. A defendant may be liable if the breach of his or her duty to a decedent resulted in foreseeable death.
For example, if an individual dies after an anesthesiologist administered a lethal dosage of anesthesia, a wrongful death action may be brought against the anesthesiologist.
The defendant caused damages. After a loved one’s wrongful death, family members may be able to recover compensation for the following:
- Loss of the decedent’s expected earnings;
- Hospital and medical expenses for services prior to death;
- Funeral costs;
- Loss of companionship; and
- Loss of consortium.
Each wrongful death case is unique. It is best to contact the Dietrich Law Firm P.C. NOW at (716) 839-3939 so that we can help you. Jed Dietrich, Esq. and his team of top rated wrongful death lawyers in Buffalo, New York are always fighting to obtain the best result for you.3 Most Frequently Asked Questions After a Wrongful Death in Buffalo, New York
- How Much Time do I Have to File a Wrongful Death Claim in New York?
- How Much is a Claim for Wrongful Death Worth?
- What Should I Do if a Loved one Suffered a Wrongful Death?
How Much Time do I Have to File a Wrongful Death Claim in New York?
There are strict deadlines for filing personal injury claims in New York, so it is important that you contact the Dietrich Law Firm P.C. today at (716) 839-3939 to preserve your rights.
Generally, the deadline for filing a wrongful death claim in New York is 2 years from the date of death. However, claims against municipalities have shorter time limitations, some as short as 90 days from the date of the negligence or recklessness.
Failure to bring a claim within this time may bar you from recovering compensation.
How Much is a Claim for Wrongful Death Worth?
Every case is different. However, to assess the value of a wrongful death case, lawyers, insurance companies and juries often consider the following:
- “Survival” claims such as the decedent’s conscious pain and suffering between time of injury and death;
- Whether the death resulted in economic damages such as the loss of financial support, funeral expenses and medical bills;
- Whether the death resulted in non-economic damages such as loss of companionship and loss of consortium; and
- Whether the decedent’s own acts or negligence were a contributing factor to the death.
What Should I Do if a Loved one Suffered a Wrongful Death?
- Identify the decedent’s personal representative who is eligible to bring a wrongful death claim;
- Gather information from the police and doctors regarding the cause of the death; and
- Call the Dietrich Law Firm P.C. immediately for top wrongful death representation in Buffalo, New York.
Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!