Buffalo Wrongful Death Lawyer

Were you affected by a wrongful death in Buffalo, NY?

At Hurwitz, Whitcher & Molloy, we are plaintiff-focused wrongful death lawyers preparing every case with experience and dedication.

If a member of your family was killed because of another party’s negligence, your household is dealing with grief, financial pressure, and legal questions all at once. A Buffalo, NY wrongful death lawyer at Hurwitz, Whitcher & Molloy has more than 50 years of plaintiff-side trial work behind every case we handle. We offer free consultations and do not charge a fee unless we recover compensation for your family. Contact our office to discuss what happened and learn what options are available to you.

Wrongful Death Lawyer Buffalo, NY

Wrongful death law in New York allows the personal representative of a deceased person’s estate to file a civil lawsuit against the party whose negligent or wrongful conduct caused the death. The claim exists because the deceased would have had the right to bring a personal injury case had they survived.

According to state health data, traffic-related crashes remain the leading cause of injury death among New York State residents, with an average of three New Yorkers killed every day. In Erie County, fatal collisions on high-volume corridors and at commercial intersections contribute to that toll each year, alongside workplace fatalities, medical errors, and hazardous property conditions. A wrongful death attorney in Buffalo can help surviving families pursue the accountability and financial recovery that New York law provides.

Types of Wrongful Death Cases We Handle in Buffalo

Hurwitz, Whitcher & Molloy represents surviving families across the full range of wrongful death matters in Buffalo, NY. A fatal injury claim can arise from virtually any situation where negligence or reckless conduct caused a death. The following are among the case types we handle most frequently.

• Fatal car accidents. High-speed collisions, drunk driving crashes, and intersection failures account for a significant portion of wrongful death filings in Erie County. We obtain police crash reports, toxicology records, electronic data from vehicle systems, and witness testimony to establish liability and the circumstances leading to the fatal collision.
  
• Fatal truck accidents. When a commercial vehicle causes a death, the case often involves multiple responsible parties. The trucking company, the driver, a loading contractor, and a maintenance provider may each bear a share of liability. We pursue preservation of federal hours-of-service logs and onboard data before that evidence is overwritten.
  
• Construction accidents. Falls from scaffolding, structural collapses, crane failures, and electrocution remain leading causes of fatal workplace injuries on job sites across Western New York. New York labor law imposes specific duties on property owners and general contractors, and violations of those duties can support a wrongful death action brought by the estate.
  
• Medical malpractice deaths. A surgical error, a missed diagnosis, a medication mistake that goes undetected until it is too late. Fatal medical malpractice claims require both legal and clinical analysis, and New York mandates a certificate of merit before the case can proceed. We work with medical reviewers to identify where the standard of care was breached.
  
• Slip and falls. A fall down an unmarked stairwell, an icy walkway left unsalted, or a collapsed railing in a neglected apartment building can result in fatal injuries. When a property owner’s failure to maintain safe conditions results in a death, the estate may have grounds for a premises liability wrongful death claim.
  
• Pedestrian fatalities. Buffalo pedestrians face significant crash risks at intersections and along roadways without protected lanes. When a driver’s inattention or recklessness kills a pedestrian, the family can pursue a wrongful death action for the resulting losses.
  
• Injury at work. Fatal injuries on the job can occur in industrial settings, warehouses, and commercial operations beyond the construction industry. When a third party’s negligence, as opposed to the employer’s direct conduct, causes the death, a wrongful death claim may exist alongside any workers’ compensation death benefits.
  
• Defective product deaths. A faulty appliance, a vehicle component that fails under normal use, or industrial equipment with an inadequate safety mechanism. Product liability wrongful death cases hold the manufacturer, distributor, or retailer accountable when a defective product causes a fatal injury.
  

Why Choose Hurwitz, Whitcher & Molloy as My Wrongful Death Lawyer in Buffalo, NY?

Decades of Plaintiff-Side Trial Work

Michael J. Whitcher concentrates his practice in personal injury and wrongful death and has been with Hurwitz, Whitcher & Molloy since 1992. He graduated magna cum laude from the State University of New York at Buffalo and earned his law degree from UB Law School. He is a member of the Erie County Bar Association and the State Bar Association. That kind of sustained local trial experience is what you want from a personal injury attorney in Buffalo, NY.

Hurwitz, Whitcher & Molloy has helped clients recover millions of dollars in verdicts and settlements across Western New York. We take wrongful death cases on a contingency-fee basis. Your family pays no attorney fees unless we recover compensation. And we approach every matter with the preparation it takes to present the case at trial, because that level of readiness is what drives fair outcomes whether the case settles or goes before a jury.

What Is Important to Understand About a Wrongful Death Case?

Damages, Liability, and Compensation

Under New York law, recoverable damages in a wrongful death action are limited to the pecuniary losses suffered by the decedent’s distributees, which typically include a surviving spouse, children, and in some cases, parents. Those losses include lost future earnings and financial support the decedent would have provided, medical expenses incurred before the death, reasonable funeral and burial costs, loss of parental guidance for surviving minor children, and the value of household services the decedent would have contributed over a remaining lifetime.

Punitive damages may be available in wrongful death cases where the defendant’s conduct was particularly egregious. New York’s comparative negligence standard under CPLR § 1411 applies to wrongful death actions, meaning the estate can still recover even if the decedent bore some share of fault, though the award is reduced proportionally.

What Are Important Aspects of a Wrongful Death Case?

Several factors make wrongful death claims in Buffalo and throughout New York legally distinct from standard personal injury cases.

• Only the personal representative of the decedent’s estate has standing to file the lawsuit. This requires appointment through Surrogate’s Court, and the process itself takes time.
• The statute of limitations under EPTL § 5-4.1 is two years from the date of death, which is one year shorter than the standard personal injury filing window. Claims against a government entity carry a 90-day notice-of-claim deadline.
• Evidence degrades quickly. Surveillance footage is overwritten, physical conditions at an accident scene change, and witness memories fade. Contacting an attorney early protects the factual record.
• Multiple categories of distributees may have claims to the recovery, and the court oversees the allocation of proceeds.

What Is the Wrongful Death Case Timeline?

No two cases follow the same schedule, but a general sequence applies to most wrongful death matters in New York.

• An investigation begins immediately, with evidence preservation, witness identification, and collection of police, medical, or workplace incident reports.
• The personal representative is appointed through Erie County Surrogate’s Court if one has not already been designated. Limited letters of administration can sometimes be obtained for the sole purpose of pursuing the lawsuit.
• We conduct a thorough liability analysis, retain any necessary investigators or technical consultants, and compile a complete damages presentation based on the decedent’s earnings, household contributions, and the financial needs of surviving dependents.
• Demand and negotiation follow. If the responsible party’s carrier does not offer a fair resolution, we file suit and prepare for discovery, depositions, and trial.
• A trial in a wrongful death case involves presentation of both liability evidence and the financial impact of the loss on each distributee. Many cases resolve before this stage, but our preparation assumes they will not.

What Should You Bring to Your Wrongful Death Consultation?

Having your documents organized before the first meeting helps us evaluate the case efficiently and identify the strongest path forward.

• The death certificate and any autopsy or medical examiner report.
• Police reports, workplace incident reports, or other documentation of the circumstances of death.
• Medical records and bills from treatment provided before the death.
• Financial records showing the decedent’s income, employment, and contributions to the household.
• Any correspondence from insurance carriers or other parties.

During the consultation, we will review the facts, explain the legal process and filing deadlines, and advise your family on whether a wrongful death claim is viable. There is no charge for this meeting.

Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation

If your family has lost a loved one because of another party’s negligence in Buffalo, Hurwitz, Whitcher & Molloy is prepared to review your case at no cost. Our attorneys handle wrongful death cases on a contingency-fee basis, meaning there are no upfront legal costs and no fees unless we recover for your family. The two-year filing deadline under New York law means acting promptly is important. Contact us to schedule a consultation today.