Melissa D. Wischerath

Melissa D. Wischerath is a skilled trial attorney holding wrongdoers accountable in a wide variety of wrongful death and catastrophic injury cases, including police abuse, construction injuries, car crashes, and products liability. Her practice includes:

•Civil Rights
•Disability Discrimination
•Construction Site Accidents
•Personal Injury
•Product Liability
•Wrongful Death
•Sexual Abuse
•Tractor Trailer Collisions
•Car Accidents

Melissa has spent her career successfully fighting to protect the rights of people who have been hurt, abused, or neglected through no fault of their own. For this work, in 2016, Ms. Wischerath received the prestigious Honorable James M. Burns Federal Practice Award, an award usually only given to late-career lawyers, in recognition of her professionalism and service representing low-income and under-represented clients. She has also been named a Best Lawyers “One to watch,” a “Rising Star” by Super Lawyer every year since 2016.

Community Involvement

•Board of Directors, 21st Century Park on the Outer Harbor, Inc
•Advisory Board of Directors, Northwest Land Conservation Trust
•Board of Directors, Campaign for Greater Buffalo

Speaking Engagements

•Workshop leader for American Association for Justice (“AAJ”) Virtual Depositions College: Sharpening Your Skills, October 14, 2022- November 4, 2022
•Workshop leader for American Association for Justice (“AAJ”) Trial Advocacy College: Depositions, September 8 - September 10, 2022
•34th Annual Public Interest Environmental Law Conference, How to Start and Run a Public Interest Law Practice, 2016
•33rd Annual Public Interest Environmental Law Conference, Reclaiming the Promise of Home Rule to Protect the Environment, 2015
•Wayne Morse Center for Law and Politics, “Earned Sick Leave, Preemption and the Powers of Local Government,” 2014
•CLE Access to Justice, CLE on the Federal District Court Pro Bono Panel, 2014
•32nd Annual Public Interest Environmental Law Conference, Food Systems and Environmental Law, 2014

In the News

•Amherst to pay $2.1M to woman who suffered ‘life-changing’injuries in crash with truck fleeing police - The Buffalo News
•Family of woman killed in home sues over 911 response - The Buffalo News
•Mother Sues County Over 2022 Jail Death - Jamestown Post-Journal•Erie County Jail Deaths Substantially Higher Than Reported - The Investigative Post
•Erie County sued over 2023 death of inmate who was retrained -The Buffalo News
•Several Media Outlets Report on Lawsuit Filed on Behalf of The Estate of a Deceased Detainee Who Died in The Erie County Holding Center Due to Lack of Adequate Medical Attention
•Lawsuit Filed After Buffalo Police Officers Repeatedly Punch Dirt Bike Driver -WKBW
•“Fired deputy accused in lawsuit of sexual contact with Erie County inmate” -The Buffalo News
•“Man Shoved by Officers During Protest Sues Buffalo Police” -The New York Times
•“Elderly Protester Whose Skull Was Fractured Sues Buffalo After Cops Escape Prosecution” -Forbes
•“A Police-Friendly Arbitrator Made an All Too Commons Decision in Buffalo” -The Washington Post
•“Judge rules DA must turn over files for injured protester Martin Gugino’s civil lawsuit” -The Buffalo News
•Federal judge orders Eugene School District to compensate for denying autistic teenager proper evaluation, education, The Register-Guard
•County ordered to pay $25,418, The Register-Guard

Awards and Recognitions

Best Lawyers: Ones to Watch
Named to Best Lawyers: Ones to Watch in 2021 - 2025 for Personal Injury Litigation - Plaintiffs and Product Liability Litigation-Plaintiffs, Product Liability Law - Plaintiffs, and Civil Rights Law. The Best Lawyers in America give this award as a recognition to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States.

Expert Network Distinguished Lawyer
Earned Distinguished Designation from Expert Network since 2017 for contributing meaningfully to the field and demonstrating perspective on the future of the profession; only conferred upon the top 3% of lawyers in the United States

Honorable James M. Burns Federal Practice Award 2016
Awarded to lawyers who have “improved the practice of law before the U.S. District Court of Oregon”; selected in recognition of professionalism and hours of service representing low income clients in FBA’s Pro Bono Appointment Program

Super Lawyers “Rising Stars”
Named to Upstate New York Super Lawyers “Rising Stars” for 2018, 2019, and 2020; no more than 2.5 percent of attorneys in a state earn this distinction

Lawyer of Distinction
Accepted to Lawyers of Distinction in 2018 based on evaluation of qualifications, license, reputation, experience, and disciplinary history; membership is limited to the top 10% of attorneys in the United States

Oregon State Bar Pro Bono Honor Roll
Named to the Oregon State Bar Pro Bono Honor Roll from 2013-2015 for performing at least 80 hours of pro bono services, including at least 40 hours of direct legal services to the poor without expectation of compensation