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Wrongful death lawsuit filed in case of fallen firefighter

Nothing can fully compensate for the loss of a loved one, but in cases of a death stemming from a fatal car crash, medical malpractice or a fatal workplace accident, the family members left behind may be entitled to compensation.

A wrongful death claim was filed after a Buffalo firefighter died in the line of duty on Aug. 24, 2009. The suit was filed on behalf of the man's two children, ages 3 and 4, to pursue a compensation claim for the support and financial assistance they would have gotten from their father if he had lived.

According to the mother of the fallen firefighter, her son's whereabouts were unknown for approximately two hours during the fire as he was reportedly having trouble breathing. According to a city spokesman, they are currently involved in confidential mediation proceedings on the case. It is possible that there will be a settlement, but the firefighter's mother is pushing for more accountability from the Buffalo Fire Department. The Buffalo Fire Lieutenant was also killed during the incident. The children's legal counsel is reportedly not commenting on the case until it is resolved.

While the outcome of this particular case remains to be seen, family members of a victim of a wrongful death may have a right to seek compensation for pain and suffering, loss of companionship and other damages.

Source: WGRZ.com, "Mother of Deceased Buffalo Firefighter Wants Justice," Claudine Ewing, Oct. 22, 2012

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Frequently Asked Questions Personal Injury In New York City

    • Q: I've been injured — now what? A: First, see an experienced doctor. Your injuries should be taken care of before you even consider making a claim against someone for causing them. Make sure you are receiving top-quality health care. Keep all information from medical visits — good records of your injury and your treatments are vital for your case if you decide to pursue legal action. Then, call us to schedule your free consultation.
    • How long can I wait before I file a claim for my personal injury? You should seek help with your claim immediately. Depending on the state you live in, most cases must be filed within four years of the accident, but the sooner you contact us, the sooner we can help you build a strong legal claim. If you've been denied Social Security or disability benefits, your appeal must be filed soon after you receive your denial notification. Call us for assistance and an assessment of your case.
    • I was in an accident without insurance. Can you help me? We would need to assess your case. Our assessment might lead us to conclude that the vehicle you were driving was at fault, or perhaps the road conditions were hazardous. We would also need to assess all of the claims against you as the alleged negligent driver. Call us today for your free assessment.
    • A giant commercial truck/semi hit me, and I was injured/my children were injured/other people in my car were injured. What can I do? Large trucking companies have teams of lawyers at the ready to help them minimize payment or avoid paying you for the damage their driver caused you. You need to call us to help you get what you deserve from the company for your injuries, pain and suffering, damage to your vehicle, and any injuries to people riding in your car. To protect your rights, an independent investigation must be executed as soon as possible.
    • If I get hurt on the job, what should I do? Tell your supervisor or someone in your human resources department immediately, and then get help with your injuries. It's imperative that you file a report about the accident with your employer, or you may be denied any disability or workers' compensation benefits for your injuries. Then, file your workers' compensation documents according to your company's guidelines. If you are turned down, give us a call to get your case assessed. We'll help you get the compensation you deserve for injuries on the job.
    • What should I do if I was injured on a construction site? You should take the same steps as anyone injured at any other job. File an injury report and file for workers' compensation benefits. If you are denied benefits or mistreated by your employer, contact our law firm immediately. Also, contact us immediately if your injury might have been caused by a party other than your employer such as a product manufacturer or another party on a construction site. You might have an underlying personal injury claim.
    • If medical treatment was unsuccessful or caused my condition to worsen, do I have a medical malpractice case? Not all instances of poor medical outcomes are medical malpractice. It is important to speak with an experienced attorney about your specific circumstances.
    • If injured in a police misconduct/brutality incident, what should be done? Get names of witnesses. Take photos of injuries. Get immediate professional medical attention. Contact our Bronx-based police brutality attorney today.
    • What actions should I NOT take when speaking with a police officer? Don't say, "I know my rights," "I'm going to file a complaint/sue" or "I pay your salary." Don't resist or fight if you're going to be arrested even if the cop is wrong, or he or she doesn't tell you why.
    • What should you do in the event of police misconduct/brutality? Note the date, time and location of the incident. Note — but do not ask for — the name, badge or car number of the officers involved. Note the physical description of the officers.
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    • Contact a civil rights attorney or group immediately. If criminally charged, don't speak until you've consulted a defense attorney. What steps should be taken after experiencing police misconduct/brutality?
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