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Losing someone because of another person’s negligence is one of the most painful experiences a family can face. When that loss happens on a Buffalo street, in a local hospital, or anywhere in Erie County, the grief is compounded by questions about what to do next. New York law gives certain family members the right to hold responsible parties accountable through a wrongful death claim, and understanding how that process works can help you make informed decisions during an incredibly difficult time.

At Finkelstein & Partners, we represent families throughout the Buffalo area who are pursuing wrongful death claims after a preventable loss. If you have questions about your options, we’re here to help you understand them.

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Who Can File a Wrongful Death Claim in Buffalo

New York’s wrongful death statute is more restrictive than many people expect. Not every grieving family member has the legal right to file, and the rules governing who qualifies and what they can recover are specific to state law.

The Personal Representative Requirement

Under New York’s Estates, Powers and Trusts Law (EPTL 5-4.1), only the personal representative of the deceased person’s estate can bring a wrongful death action. That person is typically named in a will or appointed by a Surrogate’s Court, which in Buffalo means Erie County Surrogate’s Court on West Eagle Street. The personal representative files the claim on behalf of the estate and its distributees.

Who Qualifies as a Distributee

Distributees are the people who stand to inherit under New York law, including spouses, children, and in some cases parents or siblings. They are the ultimate beneficiaries of any wrongful death recovery, even though they do not file the claim themselves. The closer the family relationship, the more likely a distributee is to share in the recovery.

The Two-Year Wrongful Death Statute of Limitations

New York imposes a strict two-year deadline from the date of death to file a wrongful death claim. Missing this deadline typically bars the claim entirely, regardless of how strong the underlying facts are. If you lost someone in the Buffalo area due to another party’s negligence, speaking with a Buffalo wrongful death lawyer as soon as possible protects your family’s rights.

Common Causes of Wrongful Death in Buffalo, NY

Wrongful death claims in Buffalo arise from many different circumstances. Our attorneys handle cases stemming from a wide range of incidents throughout Erie County and the surrounding region.

Car Accidents on Buffalo Roads

Buffalo’s road conditions, including the interchange near the Peace Bridge, the I-90/I-190 corridor, and residential streets that see heavy snow and ice, contribute to serious and fatal collisions every year. When a crash results from a driver’s negligence, a defective vehicle, or a poorly maintained road, the family of the person killed may have a viable claim. Our Buffalo car accident attorneys are familiar with the local roadways and the circumstances that lead to these tragedies.

Premises Liability and Negligent Security

Fatal accidents on someone else’s property, whether from a dangerous condition at a commercial building near Canalside, a fall at a facility along the Elmwood Village, or inadequate security at a local venue, can form the basis of a wrongful death claim. Property owners in New York have a legal duty to maintain reasonably safe conditions. When they fail in that duty, and someone dies as a result, the family may have grounds to pursue compensation.

Medical Malpractice in Erie County

Buffalo’s Medical Corridor along High Street houses major health systems and teaching hospitals. When a healthcare provider’s failure to meet the standard of care leads to a patient’s death, the family may have a medical malpractice wrongful death claim. These cases require careful review of medical records and, typically, expert testimony about what a competent provider should have done differently.

Damages Available Under New York Law

New York’s wrongful death statute limits what families can recover in ways that often surprise people. Understanding those limits is important before evaluating what a claim may be worth.

Economic Losses and Financial Support

Recoverable damages in a New York wrongful death case focus heavily on the financial contributions the deceased made to their family. This includes lost earnings and benefits the person would have provided over their expected lifetime, as well as the reasonable value of services they performed for the household. Funeral and burial expenses are also recoverable under New York law.

Why New York Does Not Allow Grief Damages

One meaningful difference between New York and many other states is that New York does not allow the estate to recover for the grief, emotional suffering, or loss of companionship experienced by surviving family members in a wrongful death action. This is a frequently misunderstood limitation. Families who also have a separate personal injury survival claim, based on the deceased’s own pain and suffering before death, may be able to pursue that through a companion action.

Comparative Fault Under New York Law

New York follows a pure comparative fault rule, meaning that a plaintiff’s recovery is reduced in proportion to the deceased’s share of fault, if any, but is not completely barred. For example, if a jury finds the deceased was 30% at fault for the incident that caused their death, the damages awarded are reduced by 30%. This rule applies regardless of the percentage of fault assigned to the deceased.

How Our Buffalo Wrongful Death Lawyers Handle a Case

andrew finkelstein
Wrongful Death Attorney, Andrew Finkelstein

Pursuing a wrongful death claim involves detailed legal work across a process that can span months or longer. Our approach is thorough and focused on building the strongest possible case for the families we represent.

Investigation and Evidence Preservation

From the outset, our team works to preserve evidence before it is lost or destroyed. This includes obtaining accident reports, surveillance footage, medical records, and witness statements relevant to what happened. In Buffalo-area traffic fatalities, this may involve reconstructing what occurred on a specific stretch of road. Prompt action on evidence preservation is one of the most important early steps in any wrongful death case.

Working with Erie County Courts

Filing a wrongful death action in Buffalo typically means working within the New York State Supreme Court in Erie County, located downtown on Delaware Avenue. Our attorneys are familiar with local court procedures and expectations. We also coordinate with Erie County Surrogate’s Court when the estate administration process intersects with the wrongful death action, which is common in these cases.

Communication and Support Throughout the Process

We understand that families pursuing wrongful death claims are grieving at the same time they are managing a legal process. Our attorneys keep clients informed at each stage, explain developments clearly, and work to reduce the burden on families as much as possible. If you are also pursuing a personal injury case for another injured family member, we can coordinate both matters to avoid duplication of effort.

Frequently Asked Questions Our Legal Team Receives About Wrongful Death Claims in Buffalo

Families pursuing wrongful death claims often have similar questions about how the process works, what to expect, and what the law allows. The answers below address some of the most common questions we hear, though every case is different and none of this should be taken as legal advice for your specific situation.

A wrongful death claim compensates the deceased’s distributees for the financial losses they suffered because of the death. A survival action, by contrast, is brought by the estate to recover for the pain, suffering, and losses the deceased experienced between the injury and their death. The two claims are distinct but often filed together in New York.
No. Under New York law, only the personal representative of the estate can file the wrongful death claim, and only one action may be brought. Individual family members do not file separate suits. Any recovery flows through the estate and is then distributed to qualified distributees.
The timeline varies significantly depending on the circumstances, the parties involved, and whether the case resolves through settlement or goes to trial. Some cases resolve within a year or two, while others involving disputed liability or serious damages can take longer. Our Buffalo wrongful death attorneys work to move cases forward efficiently without compromising the quality of the claim.
New York courts have historically not recognized loss of consortium or companionship as a recoverable item in wrongful death actions brought by an estate. Emotional and relational losses are generally not compensable under the state’s wrongful death statute, which is one area where New York law differs from many other states.
New York’s pure comparative fault rule applies in wrongful death cases. The estate can still recover damages even if the deceased bore some responsibility for the incident, but the total recovery is reduced proportionally. Fault allocation is determined by the jury or through settlement negotiations.
Yes. A wrongful death claim is a civil action, which is separate from any criminal proceedings. A criminal conviction or acquittal does not automatically determine the outcome of a civil wrongful death claim, and the two processes apply different standards of proof. Families may pursue a civil claim even when criminal charges are pending, resolved, or never filed.
This depends on the facts of the case and what coverage is available. In some situations, other parties may share liability, or additional insurance policies may apply. Our attorneys review all potential sources of recovery to ensure families are not leaving available compensation on the table.

Contact Our Buffalo Wrongful Death Attorneys for a Free Case Evaluation

If you lost a family member due to someone else’s negligence in Buffalo or anywhere in Erie County, you have a limited window to protect your legal rights. Our team at Finkelstein & Partners is ready to review what happened, explain your options, and help your family understand the path forward. Contact us today to schedule a consultation.

No attorney-client relationship is created by reading this page, and the information here is not a substitute for legal advice tailored to your situation.