Millions Secured in Personal Injury Claims
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Wrongful Death Cases We Handle in New York
Wrongful death claims in New York are governed by EPTL § 5-4.1, which permits a personal representative to sue when a death is caused by another party’s wrongful act or neglect. The applicable liability rules depend on how the incident occurred, making it essential to identify the governing law at the outset.
We handle wrongful death matters arising from:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle collisions
- Construction site incidents and workplace accidents
- Medical negligence or errors
- Nursing home or eldercare neglect
- Dangerous property conditions
- Defecti consumer products
Each category raises distinct issues of duty, causation, and damages. New York limits recovery in wrongful death actions to pecuniary losses, such as lost earnings, benefits, and services. Consulting a New York wrongful death attorney at our firm early is the first step to protecting your claim.
Why Families Choose Hiller Comerford Injury & Disability Law
A wrongful death claim is often defended aggressively. Insurers and corporate defendants move quickly to limit exposure, dispute liability, or narrow the scope of recoverable damages under New York law. Families choose us because we prepare every case with the discipline and strategy required for litigation, not just negotiation.
Trial-Ready Representation
Each wrongful death case is built for trial, with early evidence preservation, careful liability analysis, and thorough damage documentation to strengthen negotiations and stay ready for court.
Clear, Direct Communication
Wrongful death claims involve strict deadlines and complex rules. We provide clear guidance and direct attorney access so families stay informed and confident throughout the process.
A Comprehensive Valuation of Loss
Because New York limits recovery to pecuniary damages, we carefully evaluate earnings, benefits, future income, and household contributions to present a fully supported claim.
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, wrongful death compensation is limited to pecuniary (financial) losses. Emotional losses such as grief, pain, or loss of companionship cannot be recovered. The law is designed to replace the economic support and services the deceased provided to their family. Depending on your case, you may be able to recover:
- Medical and care costs: Hospital bills, surgeries, and emergency care incurred before death
- Funeral and burial expenses: Cremation, burial, funeral services, transportation, permits, and related costs
- Lost income and future support: Wages, benefits, and contributions to family financial stability
- Household contributions: Childcare, home maintenance, eldercare, and daily household support
- Parental guidance and care for minors: Financial value of education, care, and guidance lost for surviving children
Because New York limits recovery to measurable financial impacts, families must carefully document each type of loss. A New York wrongful death attorney can help identify all eligible damages, preserve supporting evidence, and ensure the claim is calculated to reflect the full economic impact of the death.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How a Wrongful Death Attorney Can Help
Pursuing a wrongful death claim in New York involves strict rules, deadlines, and evidence requirements. Only a personal representative of the decedent’s estate can file a lawsuit, and the law limits recovery to pecuniary losses.
A New York wrongful death attorney helps families understand these legal requirements, identify all recoverable damages, and gather critical documentation. This may include:
- Accident and incident records: Police reports, witness statements, maintenance logs, or safety inspections that establish liability.
- Medical and care documentation: Hospital records, treatment histories, and bills incurred before the death.
- Financial and employment evidence: Proof of wages, benefits, retirement contributions, and household contributions to support loss calculations.
- Regulatory and statutory compliance: Notices of claim for government entities, OSHA or labor law documentation for workplace deaths, and adherence to procedural rules for filing the lawsuit.
Understanding the legal framework early ensures that claims are properly structured, evidence is preserved, and damages are fully documented. Families benefit from clear guidance through complex procedures while protecting their right to full financial recovery.
Who Can File a Wrongful Death Claim in New York?
Under New York law, only the personal representative of the decedent’s estate may file a wrongful death lawsuit, as provided in EPTL § 5-4.1. This person is appointed by the Surrogate’s Court as an executor if there is a will or as an administrator if there is not.
The action is brought on behalf of the decedent’s statutory distributees, typically a surviving spouse and children, or other next of kin under New York intestacy law. Family members cannot file individually unless they have been formally appointed to represent the estate.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
How Long Do You Have to File a Wrongful Death Lawsuit?
In New York, most wrongful death claims must be filed within two years of death or they are barred.
Claims against municipalities require a Notice of Claim within 90 days and follow shorter timelines. Some cases tied to criminal matters may allow limited extensions.
Because deadlines are strictly enforced, speaking with a New York wrongful death attorney promptly helps protect your claim.
Frequently Asked Questions
Review the common questions below or visit our FAQ page for more information. Our wrongful death lawyers in New York are always available to help.
How can I afford a wrongful death lawyer in New York?
Our firm handles wrongful death cases on a contingency fee basis. This means there are no upfront legal fees, and attorney fees are paid only if compensation is recovered. During your free consultation, we explain how fees are calculated and how case expenses are handled.
Do I have to go to court for a wrongful death claim?
Not necessarily. Many wrongful death claims resolve through negotiated settlements before trial. However, insurers and defendants may dispute liability or the amount of pecuniary damages. If a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary.
What does “duty of care” mean in New York wrongful death cases?
“Duty of care” refers to a legal obligation to act reasonably under the circumstances. In a wrongful death case, the plaintiff must prove that the defendant owed a duty to the decedent, breached that duty, and that the breach caused the death.
How long does a wrongful death case take to resolve?
There is no fixed timeline. Some cases resolve within months through settlement, while others take several years if litigation is required. The duration depends on factors such as contested liability, the need for expert testimony, court scheduling, and whether trial becomes necessary.