WRONGFUL DEATH CASES IN ERIE COUNTY AND WESTERN NEW YORK

This is a separate issue and additional issue from cases just involving pain and suffering.  The "Pecuniary Loss"  to the heirs is what must be proven by the Wrongful Death Lawyer.  That sounds complicated and, to the inexperienced, it is.  

Mr. Hayes handled a case in Livingston County in which a nurse died in an automobile accident where a car attempted to pass when she was making a left turn.  She was run off the road, flipped over and died at the scene.  She left a husband and two minor children. The case resolved just after jury selection.  Just for her wrongful death, her estate was paid $550,000 immediately and $1,104,000 over the remaining lifetime of the husband and for the children.  There was a $52,000 dollar Workers Compensation lien that was waived by the insurance carrier.

The Buffalo and Western New York permit lawyers to prove only the "monetary loss" to the survivors for the death of our loved ones.  First, the lawyer must prove that there was a continuing legal monetary obligation of support.  Obviously, the wage earner is obligated to provide for the household including the spouse and children.  If the wage earner dies or is killed, the heirs may seek to recover their monetary loss.  If the one who passes was not a wage earner, the heirs still are entitled to an unspecified sum for the anticipated future losses of household services, advice, counsel and comfort.

The amount recovered by the Estate in Buffalo is very much dependent upon the victim's earnings and earning potential as well as the other contributions that person made to the household.

Every case is unique and special.  It requires consideration and an experienced hand.  Proof must be tailored to the specific relationship of the decedant to his loved ones.  That is something with which this Firm has has significant experience.