If Someone Is Injured And Dies, Who Can Sue For Those Injuries?

by Friedman & Ranzenhofer, PC on February 12, 2010

in Buffalo Wrongful Death Issues

When an individual in the City of Buffalo is so badly injured by the conduct or negligence of another person or entity that it results in death, that person’s family is allowed to sue the party responsible under New York State Law.

Wrongful deaths in New York State are addressed under Article 5, Part 4, of the Estate, Powers and Trust Law.  Under this statute, the lawful representative of the deceased individual has the right to sue for damages on behalf of the estate. 

Typically, the amount of damages sought revolves around expenses associated with the death, such as medical and funeral expenses, and loss of income based a projection of how much the deceased individual would likely have earned had he or she lived.  There is, however, no bar to seeking compensation for other damages suffered. 

As a result, wrongful death cases may also include issues such as compensation the pain and suffering of individual prior to death and the pursuit of punitive damages to punish the defendant if the death resulted from reckless or depraved behavior.  Under what theory or theories damages may be sought depends of the specific facts surrounding the individual’s death.

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