Niagara Falls Wrongful Death Lawyer

April 8, 2025
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Niagara Falls Wrongful Death Lawyer

Niagara Falls wrongful death lawyer: fighting for the justice your loved one deserves

Losing someone you love is never easy. But losing them because of someone else’s careless actions? That kind of heartbreak hits differently. If you’re here searching for a Niagara Falls wrongful death lawyer, you’re likely overwhelmed with grief, frustration, and confusion. The medical bills, funeral costs, and legal paperwork can feel like too much when all you want is time to grieve. And the worst part? Knowing this could’ve been prevented.

At MB Injury Lawyer, we don’t just handle wrongful death cases—we help families find justice, closure, and the wrongful death compensation they deserve. With decades of experience as trusted niagara falls accident lawyers, we’ll stand by your side with compassion, clarity, and confidence.

Book a consultation now, and let us help you seek justice and financial recovery—so you can focus on healing.

What to Do Immediately After a Wrongful Death Incident in Niagara Falls?

Losing someone due to negligence is painful and sudden and often leaves families unsure of what to do next. Taking the right steps early can help protect your legal rights and strengthen your future wrongful death claim. Here’s what we suggest you do:

1. Prioritize medical and emergency response

Call 911 immediately. Even if your loved one has passed, emergency responders must document the scene, and their report can support wrongful death lawsuits. Their records often serve as a starting point for legal action.

2. Request an official death certificate

The death certificate will be a critical piece in proving your wrongful death case in Niagara Falls. Ensure the cause of death is accurately recorded, especially if foul play or negligence is suspected.

3. Preserve all evidence

Photos, videos, damaged property, witness details—every bit counts. This evidence can make a big difference in wrongful death settlements and may help your Niagara Falls wrongful death lawyer build a strong case.

4. Avoid speaking to insurance companies alone

Insurance adjusters are trained to minimize payouts. Don’t provide statements or accept offers without guidance from an experienced wrongful death attorney in Niagara Falls.

5. Speak with a local wrongful death attorney

If you’re searching for a “Niagara Falls wrongful death lawyer near me,” we’re here to help. Our team of Niagara Falls wrongful death attorneys and experienced Niagara Falls accident lawyers can step in immediately to protect your rights and guide you forward.

6. Understand your legal timeline

In New York, the statute of limitations for filing wrongful death claims is generally two years from the date of death. Acting within this window is crucial to pursuing your wrongful death compensation.

You don’t have to go through this alone. Our compassionate and skilled wrongful death lawyers in Niagara Falls are here to guide you with strength, strategy, and heart.

What Are the Most Common Causes of Wrongful Death in Niagara Falls?

 Wrongful deaths often occur without warning—and sadly, many are preventable. In Niagara Falls, we’ve seen a wide range of fatal incidents caused by negligence or misconduct. Understanding these common causes can help families identify the grounds for wrongful death claims and take legal action when needed.

1. Motor vehicle accidents

Car, truck, and motorcycle collisions remain one of the leading causes of wrongful death cases in Niagara Falls. In 2022, New York State reported over 1,100 traffic fatalities statewide, many involving distracted or impaired drivers. If you’ve lost someone in a crash, our team of experienced Niagara Falls accident lawyers can help you pursue a strong claim.

2. Medical malpractice

Errors during surgery, misdiagnosis, or failure to treat a condition in time can result in tragic losses. These cases require detailed investigation and skilled representation from the best wrongful death lawyer in Niagara Falls.

3. Workplace and construction accidents

Falls, equipment failures, and safety violations at job sites have led to numerous wrongful death lawsuits—especially in high-risk fields like construction.

4. Defective products

From faulty brakes to dangerous household items, defective products can cause fatal injuries. These complex wrongful death cases often involve manufacturers, distributors, and multiple parties.

5. Nursing home neglect or abuse

Elderly individuals are particularly vulnerable to mistreatment. If neglect, poor supervision, or abuse led to the death of a loved one, our wrongful death attorneys from Niagara Falls are prepared to help.

6. Criminal acts and violence

Even if someone is facing criminal charges, families can still pursue wrongful death damages in civil court. A wrongful death lawyer in Niagara Falls can explain how these claims differ from criminal cases.

If you’re unsure whether your loss qualifies for a wrongful death case in Niagara Falls, don’t hesitate to speak with our compassionate team. We’re here to listen, support, and fight for the wrongful death compensation your family deserves.

What Compensation Can You Recover in a Wrongful Death Case in Niagara Falls?

The emotional toll of losing a loved one is heavy enough—no family should also carry the burden of financial uncertainty. If you’re filing a wrongful death case in Niagara Falls, it’s important to understand the types of compensation that may be available. While no amount of money can replace your loss, a fair wrongful death settlement can help you regain stability and hold the responsible party accountable.

Here’s what may be included in your wrongful death compensation:

1. Funeral and burial expenses

Families can recover the full cost of services, including transportation, burial, and memorial arrangements.

2. Medical bills related to the fatal injury

If your loved one received care before passing, those expenses may be covered under wrongful death damages.

3. Loss of financial support

The court may award compensation based on the income your loved one would have contributed over their lifetime.

4. Loss of companionship and guidance

Spouses, children, and dependents can be compensated for the emotional and relational loss they now face.

5. Pain and suffering of the deceased

If your loved one endured suffering before passing, that is considered in wrongful death claims.

6. Lost inheritance

Future financial assets and support that would’ve been passed down may also factor into wrongful death lawsuits.

If you’re searching for the best wrongful death lawyer in Niagara Falls or a “Niagara Falls wrongful death lawyer near me,” we’re here to explain every option—and fight to secure what your family deserves.

Who Can File a Wrongful Death Claim in Niagara Falls?

Under New York law, only the personal representative (often the executor of the estate) can file wrongful death claims on behalf of surviving family members. While this person acts as the legal filer, damages can be awarded to the deceased’s spouse, children, parents, or dependents (source).

If you’re unsure about your eligibility, a wrongful death lawyer in Niagara Falls can help clarify your rights. We’ve assisted countless families through wrongful death cases in Niagara Falls with clarity and care.

How Long Do You Have to File a Wrongful Death Lawsuit in Niagara Falls?

In Niagara Falls and throughout New York, the deadline to file a wrongful death lawsuit is generally two years from the date of your loved one’s passing, according to New York Estates, Powers & Trusts Law § 5-4.1.

Missing this deadline can permanently affect your ability to recover wrongful death compensation. If you’re unsure about your timeline, speaking with a niagara falls wrongful death lawyer early on can make all the difference. Don’t wait—let our experienced wrongful death attorneys from Niagara Falls help you take timely action.

What Is the Difference Between a Criminal Homicide Case and a Wrongful Death Lawsuit?

A criminal homicide case is filed by the state to punish the offender through jail time or other penalties. It focuses on proving guilt “beyond a reasonable doubt.” On the other hand, a wrongful death lawsuit is a civil case filed by the deceased’s family seeking wrongful death compensation for their loss—like funeral expenses, lost income, and emotional suffering.

Even if a criminal case fails, you can still win a civil claim with the help of a wrongful death attorney in Niagara Falls since the burden of proof is lower in civil court. If you’re unsure how both cases may affect your rights, our team of trusted Niagara Falls wrongful death attorneys can guide you through it with care and clarity.

Different Types of Wrongful Death Cases Our Lawyers Handle 

No two wrongful death cases are the same, but every one of them deserves personal attention and a powerful legal response. At MB Injury Lawyer, we understand the depth of loss our clients face—and we work closely with families to build strong, results-driven wrongful death claims. Our experienced team of Niagara falls wrongful death attorneys have handled a wide range of fatal incidents caused by negligence or carelessness.

Here are some of the most common types of cases we take on:

  • Car accidents caused by reckless, distracted, or drunk drivers
  • Motorcycle crashes involving unsafe lane changes or speeding
  • Truck collisions due to driver fatigue or improper vehicle maintenance
  • Pedestrian deaths in crosswalks or high-traffic zones
  • Falls at construction sites or dangerous work environments
  • Medical malpractice—surgical errors, misdiagnosis, or delayed treatment
  • Nursing home neglect, including untreated infections or physical abuse
  • Defective products, machinery, or auto parts that caused fatal injuries
  • Unsafe property conditions, such as broken staircases or unmarked hazards

Each case has led to successful wrongful death settlements and life-changing outcomes for our clients. If you need a trusted wrongful death attorney in Niagara Falls, we’re here to guide you with compassion and skill.

Let our team of proven wrongful death lawyers in Niagara Falls handle the legal battle—so your family can focus on healing.

How to Book a FREE Consultation With Our Wrongful Death Lawyers in Niagara Falls?

If you’ve lost a loved one and believe negligence played a role, speaking with a niagara falls wrongful death lawyer can help you understand your rights and legal options. We offer a free consultation to review your case—no pressure, no upfront cost.

You can contact our office directly at (347) 639-0349 or visit our website to complete the online form. Whether you’re looking for the best wrongful death lawyer in Niagara Falls or simply searching for a “niagara falls wrongful death lawyer near me,” we’re here to help you move forward with compassion and confidence.

What Can Our Wrongful Death Lawyers Do for You?

Losing someone unexpectedly changes everything. You’re left grieving, confused, and unsure how to hold the responsible party accountable. That’s where our experienced niagara falls wrongful death lawyers step in. From the first call to the final result, we’re with you—protecting your rights, guiding your decisions, and fighting for the compensation you deserve.

Here’s how we support you throughout your wrongful death case in Niagara Falls:

1. Case evaluation and legal advice

We assess your situation, explain your options, and determine if you have a valid wrongful death claim under New York law.

2. Gathering strong evidence

We investigate the cause of death and collect witness statements, medical records, and expert opinions to build a powerful case.

3. Handling insurance companies

You don’t have to speak to adjusters alone. We manage all communication to protect your claim and avoid lowball offers.

4. Calculating full damages

We identify every possible form of wrongful death compensation, from funeral costs to lost future income.

5. Filing the lawsuit on your behalf

Our team of skilled wrongful death attorneys from Niagara Falls handles all legal filings within the required deadlines.

6. Negotiating or litigating for maximum results

Whether through settlement or trial, we fight for the wrongful death settlement your family truly deserves.

7. Offering consistent support

We stay in touch throughout your case, giving updates, answering questions, and ensuring you feel heard and supported.

If you’re looking for the best wrongful death lawyer in Niagara Falls or searching for a “niagara falls wrongful death lawyer near me,” we’re here to stand with you every step of the way.

Why Choose MB Injury Lawyer for Your Wrongful Death Case in Niagara Falls?

Choosing the right legal team can make all the difference in your family’s healing and financial recovery. At MB Injury Lawyer, we treat every wrongful death case in Niagara Falls with the compassion it deserves and the aggressive representation it requires. We don’t just handle legal work—we stand by your side through one of the hardest chapters of your life.

Proven experience in wrongful death cases

Our team has handled countless wrongful death claims across New York with a strong track record of favorable outcomes and life-changing wrongful death settlements.

Former defense attorney insight

Michael Benenati brings insider knowledge from the other side, allowing us to anticipate tactics and build stronger, smarter strategies.

No fees unless we win

You won’t pay us unless we recover wrongful death compensation for you. That’s our commitment—and your peace of mind.

Direct, compassionate support

We’re known not just as experienced Niagara Falls wrongful death attorneys but also as legal allies who treat you like family.

Local knowledge and availability

If you’re searching for a “Niagara Falls wrongful death lawyer near me,” you’ll find responsive, reliable support from a team that knows Niagara Falls—and its legal system—inside and out.

FAQs 

Can multiple family members receive compensation in a wrongful death case?

Yes. While only the personal representative can file the claim, wrongful death compensation may be distributed among eligible family members, including spouses, children, and dependents, based on their financial loss.

How is a wrongful death settlement amount determined?

Each wrongful death settlement is calculated based on factors like lost income, medical costs, funeral expenses, and the emotional impact on surviving family members. An experienced niagara falls wrongful death attorney can evaluate your claim in detail.

Can I file a wrongful death claim if the person responsible was never charged criminally?

Absolutely. Wrongful death lawsuits are civil matters and can be filed regardless of criminal charges. The standard of proof is lower, making it possible to win even if no criminal case is pursued.

What happens if the deceased didn’t have a will?

If there’s no will, the court appoints a personal representative to file the wrongful death case in Niagara Falls. This person handles the lawsuit and distributes any wrongful death damages according to New York’s intestacy laws.

How long do wrongful death cases typically take to resolve?

Most wrongful death claims are resolved within several months to two years, depending on the complexity and whether the case goes to trial. A seasoned wrongful death lawyer in Niagara Falls can give you a better timeline after reviewing your case.

Can I still file a claim if my loved one was partly at fault?

Yes. Under New York’s comparative fault law, you can still recover wrongful death compensation, though the settlement may be reduced by your loved one’s percentage of fault.

Let’s Help You Find Justice—One Step at a Time

If you’re here, it means you’re dealing with more than just grief—you’re looking for answers, fairness, and someone who won’t let your loved one’s story go unheard. At MB Injury Lawyer, every wrongful death case in Niagara Falls matters deeply to us. You won’t be just another case—you’ll be a family we fight for.

If you’re searching for a trusted niagara falls wrongful death lawyer near me, we’re just a call away. Reach us at (347) 639-0349 or complete our online form to schedule your free consultation. Let our experienced wrongful death lawyers in Niagara Falls help you seek the truth, the accountability, and the wrongful death compensation your family deserves.

Serving Clients in Niagara Falls, NY

Our attorneys support clients in Niagara Falls, home to the iconic falls and the Niagara Arts and Cultural Center, with vibrant neighborhoods like Devlin and Downtown.

Contact Information

Michael Benenati, Attorney at Law
37-08 28th Avenue, Suite 302
Astoria, New York 11103
+1 347-639-0349

We serve clients in Niagara Falls from our Astoria office.