Wrongful Death Cases We Handle in West Seneca
Fatal accidents occur in many settings throughout Erie County. Each type presents unique challenges for proving liability, gathering evidence, and meeting deadlines. Hiller Comerford Injury & Disability Law represents families impacted by deaths from negligence, unsafe conditions, reckless behavior, or dangerous products. Common cases include:
- Passenger vehicle crashes
- Tractor-trailer collisions
- Bicycle and pedestrian accidents
- Construction site incidents
- Medical mistakes
- Nursing home neglect
- Property hazards
- Defective consumer products
- Workplace accidents
Every case receives personalized attention. Our wrongful death and personal injury attorneys in West Seneca collect records, consult experts, and investigate factors that contributed to the death. This may involve reviewing safety procedures, accident reports, staffing levels, product guidelines, or medical documentation. Your family deserves answers backed by facts, not assumptions.
The Wrongful Death Attorneys Families Turn To
When tragedy strikes, some insurance companies move quickly, hoping families will accept a low offer before understanding the full impact of their loss. We make sure your family is never rushed or sidelined. A wrongful death attorney can provide clear guidance, break down complex choices, and fight to ensure every angle of your case is explored. At Hiller Comerford Injury & Disability Law, you gain a team that treats your family’s concerns as urgent, not optional.
Turning Complexity Into Clarity
Wrongful death cases can involve tangled medical records, workplace reports, accident reconstruction, and insurance loopholes. Instead of letting families drown in technicalities, we distill every detail into a clear path forward.
Lawyers That Move at Your Speed
Families shouldn’t have to wait for answers or navigate voicemail mazes. We provide direct access to the wrongful death attorney handling the case, ensuring questions are answered promptly and guidance is tailored to your needs.
Finding Value Where Others Don’t
Not all losses are obvious. Beyond funeral expenses and lost income, families often overlook household contributions, future earning potential, and emotional impacts. We uncover these hidden areas and present them in a way that insurers and courts recognize.
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 You Recover in Wrongful Death Cases?
In New York, a wrongful death case cannot claim pain, grief, or emotional suffering. Instead, the law focuses on real, measurable losses: the financial void left behind when a loved one dies. That reality makes every dollar count. For families in West Seneca, losing a spouse, parent, or child often means losing a stream of support, daily care, and future security. Our job is to ensure every legitimate financial loss gets accounted for and pursued.
When circumstances allow, families may recover compensation for the following losses:
- Final medical and care costs: Expenses from emergency treatment, hospitalization, surgeries, or other medical care received by the deceased before death.
- Funeral, burial, or memorial expenses: Costs tied to laying your loved one to rest: burial or cremation, funeral services, transportation, permits, and related obligations.
- Lost income and future financial support: Money your loved one would have earned over time: wages, bonuses, retirement or pension contributions, benefits, and what they would have added to family stability.
- Value of services and support provided at home: If the deceased contributed to childcare, home maintenance, caregiving, or daily household support, the lost value of those services can be claimed.
- Value of parental guidance, nurturing, and care for children (when applicable): For surviving minor children, the loss of a parent’s guidance, education, or support may be part of the recoverable damages.
With wrong parties, insurance companies, or negligent entities often hoping families accept the first offer, working with a West Seneca wrongful death lawyer becomes critical. We work to identify every possible economic loss, so compensation reflects the full financial gap left behind, not just a fraction.
How a Wrongful Death Attorney Can Help
Wrongful death claims in New York require precise legal action. Understanding how damages are calculated, how evidence is collected, and how liability is established is critical. A wrongful death lawyer in West Seneca handles every element of the case in accordance with state law and procedural rules.
✓ Scene and record analysis: Collect police reports, medical records, maintenance logs, and witness statements to identify responsible parties.
✓ Expert-led assessments: Utilize accident reconstruction specialists, medical consultants, and economists to evaluate causation and quantify financial losses.
✓ Household loss evaluation: Assign monetary value to domestic contributions, such as childcare, eldercare, and home maintenance, that are no longer provided.
✓ Structured negotiation strategy: Present detailed, expert-backed evidence to insurers and defendants while challenging undervalued settlement offers.
✓ Court-ready documentation: Prepare all records, expert reports, and filings so the case is ready for trial if a fair resolution cannot be reached.
By handling each of these technical steps with precision, a wrongful death lawyer helps your family’s claim remain fully supported and properly structured. This approach maximizes potential recovery under New York law and creates a clear, evidence-based case for insurers, defendants, or the court.
Who Can File a Wrongful Death Claim in West Seneca?
In New York, only a personal representative of the deceased’s estate can file a wrongful death lawsuit. Family members cannot file on their own. This role can take one of two forms:
- Executor: Named in a will and approved by the court.
- Administrator: Appointed by the court if there is no will or the executor cannot act.
In rare cases, the court may assign a special administrator if no family members are available.
Even though only the personal representative can file, damages are distributed to those who suffered financial loss:
- Surviving spouse
- Children, with a guardian if they are minors
- Parents or siblings if there is no spouse or children
Delays in appointing the personal representative or starting the claim can reduce or eliminate your family’s recovery. Acting promptly ensures the right people are in place and preserves your family’s chance for compensation. Consulting a wrongful death lawyer in West Seneca can help your family identify the proper representative and guide you through the filing process with confidence.
How Long Do You Have to File a Wrongful Death Lawsuit?
In New York, a wrongful death lawsuit must generally be filed by the personal representative of the decedent’s estate within two years from the date of death. This timeline starts on the date of death, not the date of the accident.
Exceptions and Special Cases
- Medical malpractice deaths: Filing must occur within two years and six months from the date of death or negligence.
- Claims against government agencies: A “Notice of Claim” is often required first, and deadlines are shorter.
- Criminal cases: If a criminal prosecution occurs, the lawsuit may be filed within one year after the criminal case ends.
Missing the deadline usually prevents the claim from moving forward. Families in West Seneca should begin gathering records, appoint the personal representative, and contact a wrongful death lawyer immediately to protect their right to compensation.
Frequently Asked Questions
How much does it cost to hire a wrongful death lawyer at your firm?
At Hiller Comerford Injury & Disability Law, families in West Seneca never pay upfront for wrongful death representation. We handle these cases on a contingency-fee basis, which means our payment comes only if we recover compensation for your family.
Do I have to go to court for a wrongful death claim?
Not always. Many wrongful death cases settle before trial through negotiation. If settlement negotiations fail or the insurer fails to make a fair offer, your West Seneca wrongful death attorney prepares the case for trial. Having full documentation, expert reports, and a trial‑ready file gives you leverage.
What does “duty of care” mean in wrongful death cases?
Duty of care refers to the legal obligation that individuals or entities owe to act with reasonable care so as not to cause harm to others. In wrongful death cases, proving that duty existed and was breached is essential. If someone with a duty of care fails to adhere to safety standards or behaves negligently, and that breach leads to a death, that can form the basis of a wrongful death claim.
Can Loss of Consortium or pain and suffering be recovered in a New York wrongful death claim?
No. Under current New York law (Statute: Estates, Powers & Trusts Law § 5‑4.3), wrongful death lawsuits can only recover pecuniary (economic) losses. That means emotional losses, grief, loss of companionship, or pain and suffering of surviving family members are not compensable. The law does allow recovery for financial support lost, household services, final medical bills, funeral expenses, and value of care or guidance that was expected from the deceased.
How long does a wrongful death case take to resolve?
Duration depends heavily on the complexity of the case. Some wrongful death claims may settle within several months if liability and damages are clear and the defendant cooperates.
If the case goes to trial, or involves multiple parties, extensive evidence, expert testimony, and complicated financial evaluations, resolution may take a year or more (often one to three years under New York practice), depending on court schedules and negotiation timelines.