Millions Won in Verdicts and Settlements
$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 Williamsville
In Williamsville and throughout New York, wrongful death claims are brought under EPTL § 5-4.1 by a personal representative of the estate when a death is caused by another party’s negligence, recklessness, or wrongful conduct. These cases are highly fact-specific, and identifying liability early is key to preserving evidence and building a strong claim.
Our personal injury lawyers in Williamsville represent families in wrongful death cases involving:
- Motor vehicle accidents, including car and truck crashes
- Pedestrian and bicycle accidents
- Construction site injuries and other workplace incidents
- Medical malpractice and hospital errors
- Nursing home neglect or abuse
- Unsafe property conditions, such as slip and fall hazards
- Defective or dangerous products
Each type of case requires proof of duty, fault, and causation, along with careful evaluation of damages. Speaking with a Williamsville wrongful death attorney early can help protect important evidence and ensure the claim is properly developed from the start.
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 Williamsville 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 Williamsville 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 Williamsville, 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 Williamsville limits recovery to measurable financial impacts, families must carefully document each type of loss. A Williamsville 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 Williamsville 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 Williamsville 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 Williamsville?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death claim, as set out in Estates, Powers and Trusts Law § 5-4.1.
This representative is appointed by the New York Surrogate’s Court. If there is a will, the executor named in it serves in this role. If there is no will, the court appoints an administrator, often a close family member.
The claim is filed on behalf of the decedent’s distributees, such as a spouse, children, or other next of kin under New York law. Family members cannot file on their own unless they are 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, including Williamsville, a wrongful death claim is generally subject to a two-year statute of limitations measured from the date of death under Estates, Powers and Trusts Law § 5-4.1. If the case involves a city, county, or other government entity, a Notice of Claim is typically required within 90 days. Because these deadlines are strictly enforced and can vary based on the facts of the case, it is important to speak with a wrongful death attorney as soon as possible to protect your rights.
Frequently Asked Questions
Review the common questions below or visit our FAQ page for more information. Our wrongful death lawyers in Williamsville are always available to help.
How can I afford a wrongful death lawyer in Williamsville?
Our wrongful death attorneys in Williamsville handle cases on a contingency fee basis, meaning you do not pay any upfront legal fees. The attorney is only paid if compensation is recovered through a settlement or verdict. During your free consultation, our firm will explain how fees and case costs work so you know what to expect from the start.
Do I have to go to court for a wrongful death claim?
Not always. Many wrongful death claims in New York are resolved through negotiated settlements without going to trial. However, if the insurance company or defendant disputes liability or the value of the claim, filing a lawsuit and preparing for trial may be necessary to pursue full compensation for your family.
What does “duty of care” mean in a wrongful death case?
“Duty of care” is a legal responsibility to act in a reasonably safe and careful manner. In a wrongful death case, the family must show that the defendant owed this duty to the deceased, failed to meet that standard, and that this failure directly caused the fatal injury or illness.
How long does a wrongful death case take to resolve?
The timeline varies widely. Some cases may settle within several months, while others take years if they proceed through litigation. Factors such as disputed liability, the complexity of damages, expert analysis, and court schedules all affect how long a wrongful death case in Williamsville may take to conclude.