Types of Wrongful Death Cases We Handle in Amherst
When tragedy strikes, the last thing your family should have to worry about is navigating a legal maze. Our Amherst wrongful death attorneys step in with clarity, compassion, and strategy. We understand the unique challenges these cases present and the critical importance of acting quickly to preserve evidence and safeguard your family’s rights. From the very first consultation, we treat your case as a priority, not a file on a shelf.
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Medical malpractice
- Construction accidents
- Defective products
- Nursing home neglect and abuse
- Premises liability
- Bicycle accidents
Every wrongful death claim is personal, which means there’s no one-size-fits-all approach. Our personal injury lawyers in Amherst thoroughly investigate the facts, collaborating with medical experts, accident reconstruction specialists, and financial professionals to construct a comprehensive case that accurately captures the full extent of your loss.
Amherst Wrongful Death Lawyers Who Put Families First
We are relentless in holding negligent parties accountable and ensuring insurance companies do not minimize what your family is owed. Justice cannot undo your loss, but it can secure financial stability and a sense of accountability. With us, you’ll have advocates who fight hard, communicate clearly, and never lose sight of the human story at the center of your case. You can trust us to handle your claim with the respect, urgency, and expertise it demands.
We Build Cases Insurance Companies Fear
From day one, we prepare your case as if it’s headed to trial. That level of preparation sends a message: we don’t bluff, and we don’t back down. Insurers know when they’re up against a law firm that can outwork and outmaneuver them.
You’ll Work With a Lawyer, Not a Call Center
With us, you’ll never feel like just another file. We maintain open direct communication at all times, ensuring your lawyer’s attention is available when you need it most—no voicemail black holes, no endless layers of staff.
We Don’t Leave a Dollar Behind
Wrongful death claims are about more than covering immediate costs. We explore every possible source of compensation, including lost income, medical bills, future financial support, and the very real emotional suffering your family has endured.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Damages Can Be Recovered in a Wrongful Death Claim?
When a loved one’s life is cut short, the emotional loss feels immeasurable. But in the eyes of the law, wrongful death cases in New York are limited to financial harm. That means the law does not allow recovery for grief, emotional suffering, or loss of companionship. There is momentum to change that through the Grieving Families Act, but as of today, those damages are not available.
Families in Amherst may be able to recover:
- Medical and hospital expenses tied to the final injury or illness
- Funeral and burial costs
- Lost wages, benefits, and financial support the deceased would have contributed over a lifetime
- The value of household services such as childcare, home maintenance, or caregiving
- Loss of inheritance the family reasonably would have received if the person had lived longer
If your loved one experienced pain before passing, the estate can pursue a “survival action” to recover for that suffering and related medical costs. An Amherst wrongful death attorney at our firm will thoroughly review the details, ensuring that no information is overlooked.
Insurance companies will always argue for the smallest payout. We make it our job to fight for the largest recovery the law allows. Your family deserves financial stability while you navigate this painful chapter, and we will not stop until every available avenue of compensation is secured.
How We Fight for Justice After a Wrongful Death in Amherst
In the aftermath of a wrongful death, families are often left navigating shock, grief, and a barrage of unexpected responsibilities. It’s during this vulnerable time that insurance companies and defense attorneys may try to take advantage, hoping you’ll accept less than your family deserves. Having the right Amherst wrongful death lawyer isn’t just helpful, but essential to leveling the playing field and protecting your loved one’s legacy.
Here’s how our Amherst wrongful death attorneys can make all the difference:
✓ Collect and preserve critical evidence, from police reports to expert witness analysis
✓ Calculate the full financial impact of the loss, including lost income, benefits, and household contributions
✓ Lead all negotiations with insurance companies and corporate defendants
✓ Shield families from pressure tactics, delay strategies, and unfair settlement offers
✓ File and manage every court document, deadline, and procedural step
✓ Prepare every case as if it will go to trial, ensuring maximum leverage at every stage
✓ Give you space to focus on healing while we handle the legal fight
Too many families walk away with settlements that barely scratch the surface of their losses simply because they didn’t have an advocate pushing back. With our Amherst wrongful death attorneys by your side, you gain a relentless ally who sees the full picture, refuses shortcuts, and fights for the outcome your family needs to move forward with dignity and security.
Who Can File a Wrongful Death Claim in Amherst?
After a wrongful death, many grieving friends and extended family members feel the impact of the loss. Unfortunately, New York law does not allow everyone affected to bring a lawsuit. The law narrows the group of people who can file claims to keep them clear and legally manageable. This makes it crucial to understand exactly who has the authority to take action and to act promptly before deadlines expire.
Immediate Family Members Come First
The individuals most often eligible to file a wrongful death lawsuit in Amherst include:
- The Decedent’s Spouse
A surviving husband or wife usually has the primary right to bring the claim. Even if divorce proceedings have begun but are not yet finalized, a spouse may still pursue compensation. New York does not recognize common-law marriages; therefore, a legal marriage is required.
- The Decedent’s Children
If there is no surviving spouse, the decedent’s children are next in line. Children may pursue a claim regardless of whether their parents were married. When children are minors, the court can appoint a representative to protect their rights.
- The Decedent’s Parents or Siblings
If the deceased had no surviving spouse or children, parents may file a claim. If parents are no longer living, siblings may step in.
- Personal Representative of the Estate
When no immediate family members are able to file, a personal representative such as the executor or administrator of the estate may pursue the claim on behalf of the estate.
Knowing who can file is only the first step. New York law also sets strict deadlines on wrongful death lawsuits. Waiting too long can result in your family losing the opportunity to seek justice and financial recovery.
An Amherst wrongful death lawyer at Hiller Comerford Injury & Disability Law will help you understand your rights, determine who is eligible to bring the claim, and file on time so that your family’s future is not left in the hands of insurance companies.
There’s Limited Time to File a Wrongful Death Claim in Amherst, NY
Time is one of the most unforgiving factors in a wrongful death case. Families are often still reeling from the loss when the legal clock starts ticking. In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. That means the personal representative of the deceased’s estate must act within that window to preserve the family’s right to compensation.
If the claim involves a government entity, a notice of claim must typically be filed within 90 days before a lawsuit can proceed. Certain situations, such as cases involving minors or delayed discovery of facts, may affect the timeline. Because these rules are strict, it is important to consult an Amherst wrongful death attorney as soon as possible to ensure your claim is filed on time and you don’t lose your right to compensation.
Frequently Asked Questions
Losing a loved one is devastating, and families often have urgent legal questions. Our Amherst wrongful death lawyers provide clear guidance to help you understand your rights and next steps. For personalized attention, please contact our law firm today.
How is liability established in Amherst wrongful death cases?
In New York, to establish liability in a wrongful death case, the plaintiff must prove that the defendant’s negligence or intentional act directly caused the decedent’s death. This involves demonstrating:
- Duty of Care: The defendant owed a legal duty to the decedent.
- Breach of Duty: The defendant breached that duty through action or inaction.
- Causation: The breach directly caused the death.
- Damages: The death resulted in measurable financial losses to the survivors.
Evidence such as accident reports, medical records, and expert testimony are often used to establish these elements. Our Amherst wrongful death attorneys work with professionals to gather and preserve this evidence to build a strong case.
How long will my wrongful death claim take to resolve?
The duration of a wrongful death claim in New York varies depending on factors like case complexity, the number of parties involved, and whether the case proceeds to trial. Simple cases may settle in several months, while more complex claims can take a year or longer. Contacting an Amherst wrongful death attorney at our firm early helps streamline the process, preserves evidence, and facilitates efficient negotiations, giving your family the best chance at a timely and fair resolution.
How much does it cost to hire a wrongful death lawyer in Amherst?
Our wrongful death attorneys in Amherst operate on a contingency fee basis, meaning you pay nothing upfront. Fees are only owed if the attorney successfully recovers compensation for you. During our complimentary initial consultation, we will review your case, explain the contingency arrangement, and address all your questions to ensure you fully understand your options before making a decision.
What happens if there is also a pending personal injury claim before death?
If the deceased had an active personal injury claim before passing, the estate’s personal representative may continue that claim as a “survival action”. This allows recovery for medical costs, pain, and suffering the deceased experienced before death. A separate wrongful death claim can also be filed to compensate surviving family members for lost income, household contributions, and other financial damages. An Amherst wrongful death attorney can coordinate both claims to maximize recovery while keeping them separate and legally compliant.
Does a criminal prosecution affect an Amherst wrongful death case?
Criminal and civil cases are separate legal proceedings. A criminal prosecution determines guilt and may result in penalties like imprisonment, while a wrongful death lawsuit seeks financial compensation for the survivors. Even if a defendant is acquitted in a criminal case, a civil wrongful death claim can still proceed. Conversely, a conviction in a criminal case can strengthen the civil claim.
How does New York handle wrongful death if the deceased was partially at fault?
New York follows a pure comparative negligence system. If the deceased shares responsibility for the accident that caused their death, the total damages recoverable in a wrongful death claim are reduced by the deceased’s percentage of fault. For example, if the decedent is 30% at fault, the damages would be reduced by 30%. Our Amherst wrongful death attorneys carefully analyze fault and evidence to minimize its impact on your family’s recovery.
Does the age of the deceased affect damages?
Yes, the age of the deceased can impact the amount of damages awarded in a wrongful death case. Younger individuals may result in higher recoverable damages due to the potential for more years of lost income and contributions to the household. Older individuals may have lower economic damages because of fewer remaining years of expected earnings. However, all damages are based on the financial losses suffered by the survivors.
How are settlement funds distributed among beneficiaries?
In New York, settlement funds from a wrongful death claim are distributed according to the decedent’s will or, if there is no will, according to the state’s laws of intestacy. Typically, the surviving spouse and children are first in line to receive compensation. If there is no surviving spouse or children, other relatives such as parents or siblings may be entitled to a share. The Surrogate’s Court oversees this process to ensure proper distribution.