A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Wrongful Death Lawyer in Brooklyn Heights

Compassionate Local Advocacy

Brooklyn Heights Wrongful Death Guide

A sudden loss due to someone else’s negligence raises legal, financial, and emotional questions for families in Brooklyn Heights. This page explains how a wrongful death claim works, what families can expect, and how Ahearne Law Firm PLLC and Allan J. Ahearne, Jr. help navigate the process. We focus on clear communication, timely investigation, and pursuing recovery for funeral expenses, medical bills, loss of support, and other damages permitted by law. If you are coping with grief while facing practical concerns, the goal is to provide straightforward information and a steady process for moving forward.

Pursuing a wrongful death claim involves gathering records, identifying responsible parties, and negotiating with insurers or taking a case to court when necessary. The firm works to assemble accident reports, medical records, witness statements, and other evidence to support a claim while keeping families informed at every step. Time can be a factor in preserving evidence and meeting procedural deadlines under New York law, so early contact and prompt action help protect a family’s options. If you have questions about timelines, investigation steps, or potential outcomes, reaching out for an initial discussion can clarify next steps.

Benefits of Pursuing a Wrongful Death Claim

Filing a wrongful death claim can provide financial relief, accountability, and a formal record of what happened. Recoverable damages often include funeral and burial costs, reasonable medical expenses incurred before death, loss of financial support and services the decedent provided, and sometimes compensation for loss of guidance or comfort. A claim can also address punitive considerations where conduct was particularly reckless. Beyond money, the process creates an official avenue for addressing responsibility and can bring a measure of closure as families work to rebuild. Each case is unique, and outcomes depend on evidence, the applicable law, and the negotiation or litigation process.

Ahearne Law Firm PLLC and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients across Kings County and the Hudson Valley, handling personal injury and wrongful death matters with a client-focused approach. Allan J. Ahearne, Jr. guides the firm’s representation, emphasizing thorough investigation, clear communication, and preparedness for negotiation or court as needed. The firm aims to provide responsive service to grieving families, helping them understand legal options and potential paths to recovery. Local familiarity with Brooklyn Heights and Kings County courts and administrative procedures supports timely case preparation and informed guidance for families seeking a resolution.

Understanding Wrongful Death Claims in Brooklyn Heights

A wrongful death claim seeks recovery on behalf of a decedent’s family when death results from another party’s negligence, wrongful act, or omission. Under New York law, a personal representative typically brings the action for damages that arise from the decedent’s death, while certain close relatives may recover for the losses they sustain. Claims may include economic losses such as lost income and medical and funeral expenses, and non-economic losses such as loss of companionship. Because legal procedures and deadlines can affect whether a claim proceeds, families are encouraged to pursue timely review and to preserve relevant records and evidence.

The typical steps in a wrongful death matter include an initial case review, investigation of the facts, collection of records and evidence, communication with insurers or opposing parties, and negotiation toward a settlement or filing suit if a resolution cannot be reached. Gathering police or accident reports, medical records, employment and income documentation, and witness information is important early in the process. If litigation becomes necessary, the process involves pleadings, discovery, and trial preparation. Throughout, the firm aims to explain options clearly and to take steps that protect a family’s legal rights and potential recovery.

Need More Information?

Key Terms and Definitions

Wrongful Death

A wrongful death claim is a legal action brought on behalf of a person who has died as a result of another party’s negligent or wrongful conduct. The claim looks to compensate surviving family members and the decedent’s estate for losses tied to the death, such as funeral expenses, medical bills incurred before death, and the loss of financial support or services. The right to bring such an action is typically held by a personal representative or appointed administrator acting on behalf of the estate, and recoverable items and procedures are governed by state law and court rules.

Survival Action

A survival action is a legal claim that the decedent could have brought if they had lived, and it belongs to the decedent’s estate rather than to individual heirs. This type of claim can seek damages for pain and suffering experienced before death, medical expenses incurred prior to passing, and other losses the decedent sustained. The recovery from a survival action passes to the estate and is distributed according to the decedent’s will or intestacy rules. Survival claims and wrongful death claims are separate causes of action and may be pursued together depending on the circumstances.

Personal Representative

A personal representative is the person authorized to manage a decedent’s estate and to bring legal claims on its behalf, including wrongful death and survival actions. This role may be filled by an executor named in a will or an administrator appointed by the court when there is no will. The personal representative is responsible for gathering assets, handling debts and claims, and pursuing legal remedies that benefit the estate and surviving family members. Acting through counsel, the personal representative files claims, negotiates settlements, and manages distributions according to law.

Damages

Damages are monetary awards intended to address losses caused by another party’s conduct and may include economic losses, non-economic losses, and in some cases punitive elements where conduct warrants additional recovery. In wrongful death matters, recoverable economic damages commonly include funeral and burial costs, medical expenses related to the injury that caused death, and loss of financial support. Non-economic damages can address loss of companionship and emotional support. The types and amounts of damages available vary by case, and legal counsel can explain the categories relevant to a particular claim.

PRO TIPS

Document Everything

Detailed documentation strengthens a wrongful death claim and provides a clear record of expenses and losses the family has incurred. Keep copies of medical records, billing statements, death certificates, police or accident reports, correspondence with insurers, and any receipts for funeral and burial costs so that every relevant item is available for review and inclusion in a claim. Thorough records help the attorney assess damages, support negotiations, and present a complete picture of the financial and non-financial impacts suffered by surviving family members.

Preserve Evidence Early

Preserving evidence as soon as possible helps protect a family’s ability to pursue a wrongful death claim and can include securing witness contact information, photographs of the scene, and any physical evidence that remains. Early investigation can identify critical records and prevent important details from being lost or altered, and consulting with counsel promptly helps coordinate evidence collection with an eye toward legal needs. Acting quickly improves the prospects for reconstructing events and demonstrating liability when it is appropriate to do so.

Think Carefully About Early Offers

Insurance companies may make early settlement offers that seem convenient but may not fully cover all past and future losses related to a wrongful death. Before accepting any offer, families should review the totality of expenses, ongoing support needs, and potential future losses that might not be apparent immediately after a death. Consulting with counsel before signing any release ensures that a settlement covers present and anticipated costs and that families preserve their rights to fair compensation where appropriate.

Comparing Legal Options for Wrongful Death Cases

When Full Representation Is Recommended:

Complex Liability or Multiple Parties

When multiple parties, complex liability issues, or significant factual disputes are involved, full representation helps ensure a coordinated investigation and claims strategy that addresses each potential responsible party. Detailed analysis of evidence, coordination with technical or medical professionals, and guided negotiation with several insurers can be necessary to secure an appropriate recovery. Comprehensive representation also prepares a case for litigation if negotiations do not resolve the matter, allowing the family’s position to be presented fully in court if needed.

Large Economic or Long-Term Losses

Cases involving substantial economic losses, ongoing support needs for children or dependents, or long-term financial impacts often benefit from a thorough legal approach that quantifies future losses and incorporates actuarial or vocational evaluations. A full representation strategy works to calculate present and future financial needs, engage appropriate professionals, and negotiate for compensation that accounts for the long-term effects on survivors. This approach helps ensure that settlements reflect both immediate expenses and continuing obligations that arise from the decedent’s death.

When Limited Representation May Be Appropriate:

Clear Liability and Modest Damages

If liability is straightforward and financial losses are relatively modest, a focused or limited representation arrangement may provide an efficient path to resolve the claim without extensive litigation. In such matters, counsel can assist with a streamlined investigation, prepare a demand package, and negotiate directly with insurers to reach a fair settlement. Families may prefer this route when their needs are more immediate and the factual and legal issues are not disputed, allowing for a faster resolution.

Desire for Expedited Resolution

When families seek a prompt resolution to address immediate bills or funeral costs, targeted legal help focused on a negotiated settlement can move the process along more quickly than full-scale litigation. Counsel can prioritize urgent documentation, communicate with insurers, and work toward a settlement that allows families to address pressing financial needs. This limited approach aims to balance timeliness with careful documentation to preserve the family’s interests while avoiding prolonged court proceedings when a fair agreement is achievable.

Common Situations That Lead to Wrongful Death Claims

Motor Vehicle Collisions

Vehicle collisions, including crashes involving cars, motorcycles, commercial trucks, and bicycles, are a frequent source of wrongful death claims when negligent driving or unsafe conditions cause fatal injuries. These cases often require detailed reconstruction, witness statements, and medical documentation to establish fault and quantify damages for families.

Medical Negligence

Situations where medical treatment or surgical care results in a preventable death may give rise to wrongful death and survival claims, which often involve review of medical records and consultation with medical professionals. These matters focus on whether the care provided met accepted standards and whether deviations contributed to the fatal outcome.

Workplace Accidents

Fatal workplace accidents, including construction site incidents and industrial injuries, can produce complex liability issues involving employers, contractors, and equipment manufacturers. These claims may require coordination with regulatory investigations and an understanding of workers’ compensation interactions to address family losses.

Brooklyn Heights Wrongful Death Attorney

Why Choose Ahearne Law Firm for Wrongful Death Claims

Families in Brooklyn Heights and across Kings County turn to Ahearne Law Firm PLLC for attentive representation that emphasizes communication, thorough preparation, and an individualized approach to each matter. Allan J. Ahearne, Jr. leads the firm’s wrongful death work, focusing on obtaining clear documentation, preparing persuasive presentations to opposing parties, and keeping families informed about options and potential outcomes. The firm seeks to relieve practical burdens for survivors by handling the legal process while explaining choices in plain language and addressing immediate concerns such as billing and income losses.

The approach includes prompt case review, careful evidence collection, and readiness to negotiate or litigate to protect a family’s interests. The firm aims to evaluate damages thoroughly, including funeral and medical expenses and losses of support or services, and to work with other professionals when needed to quantify future impacts. For families seeking a responsive legal partner in Brooklyn Heights, the firm provides contact by phone at (845) 986-2777 to arrange a case discussion and to explain next steps tailored to each situation.

Contact Us to Discuss Your Case

People Also Search For

wrongful death lawyer Brooklyn Heights

Brooklyn wrongful death attorney

Kings County wrongful death claim

New York wrongful death damages

personal representative wrongful death

wrongful death legal help NY

Ahearne Law wrongful death

Allan J. Ahearne wrongful death

FAQS

What qualifies as a wrongful death in New York?

A wrongful death in New York occurs when a person dies due to another party’s negligent or wrongful act, omission, or misconduct, and the death gives rise to a legal claim on behalf of the decedent’s estate or surviving family members. Typical scenarios include fatal car crashes, medical incidents tied to substandard care, and other preventable incidents where evidence links another party’s actions or failures to the death. The law defines who may bring the claim and what kinds of losses are eligible for compensation. Resolution of whether a particular death qualifies for a wrongful death action involves examining the factual circumstances and applicable legal standards, including causation and the nature of the alleged wrongful conduct. An initial case review gathers relevant facts such as police and accident reports, medical records, witness statements, and employment or income documentation to determine whether a viable claim exists and to advise families on the appropriate next steps.

Who can file a wrongful death claim?

In New York, the person who brings a wrongful death action is typically the decedent’s personal representative, who acts on behalf of the estate to pursue recovery for losses tied to the death. The personal representative may be named in the decedent’s will as an executor or appointed by the court as an administrator when there is no will. Surviving family members who suffer losses, such as a spouse, children, or dependents, may be eligible to recover damages through the action brought by the personal representative. Because the legal mechanisms and distributions are governed by state law and probate rules, it is important to identify and, if necessary, obtain the proper appointment or authorization to act on behalf of the estate before proceeding. Counsel can assist families in understanding the personal representative’s role, how damages are allocated, and the steps required to ensure that claims are filed and pursued in a way that preserves the interests of eligible survivors.

What types of damages can be recovered in a wrongful death case?

Damages in wrongful death cases commonly include economic losses such as funeral and burial expenses, reasonable medical bills incurred prior to death, and the loss of financial support or household services the decedent provided. Depending on the circumstances, some claims also seek compensation for the emotional loss of guidance and companionship suffered by close family members. The particular categories of recoverable damages and how they are calculated vary by case and under state law. In practice, assessing damages requires compiling records of expenses, documenting income and support the decedent provided, and, when applicable, projecting future financial impacts such as lost earnings or ongoing care needs for dependents. Working with appropriate professionals to quantify future losses can be an important part of presenting a claim that seeks fair compensation for both immediate and long-term family needs.

How long does it take to resolve a wrongful death claim?

The time to resolve a wrongful death claim varies widely depending on factors such as the complexity of liability, the volume of evidence to review, whether multiple defendants are involved, and whether the case can be resolved by negotiation or must proceed to litigation. Some matters reach a settlement within months after a demand and negotiation, while others take years to move through discovery and trial. Early investigation and prompt preservation of evidence can support a quicker resolution when possible. Because procedural steps and schedules affect timing, counsel typically provides an initial assessment of likely timelines after reviewing the case facts. Families can discuss case-specific expectations during a consultation, and the firm will outline key milestones such as investigation, settlement negotiation, filing suit if necessary, and potential trial preparation so families understand possible timeframes and what to expect at each stage.

How does a wrongful death claim relate to workers' compensation?

When a death occurs in the workplace, families may have access to workers’ compensation benefits as well as a wrongful death claim in certain circumstances. Workers’ compensation can provide benefits for funeral expenses and dependency payments but often limits the types and amounts of recovery. A wrongful death claim may be available in addition to workers’ compensation when a third party outside the employer’s workers’ compensation system bears responsibility for the death. Determining how workers’ compensation interacts with a wrongful death claim requires careful analysis of the facts and coordination of benefits and claims. Counsel can review whether third-party liability exists, how workers’ compensation liens or offsets may apply, and how to pursue additional recovery while addressing any statutory or procedural rules that affect available remedies.

What evidence is important in a wrongful death case?

Important evidence in wrongful death cases includes police and accident reports, medical records documenting treatment and cause of death, witness statements, photographs of the scene and vehicles or equipment involved, surveillance or dash camera footage where available, and documentation of funeral and medical expenses. Employment and income records are also important to establish the financial contributions the decedent provided and to calculate potential economic losses. Preserving these materials early supports building a clear record of what happened and the resulting losses. Depending on the case, additional materials such as maintenance logs, safety records, or communications showing negligent conduct may be relevant, and professionals such as accident reconstructionists or medical reviewers can help interpret technical evidence. Counsel can assist in identifying, preserving, and obtaining the necessary evidence and in coordinating with investigators or other professionals to develop a strong factual record for settlement discussions or litigation.

Will the case always go to trial?

No, not every wrongful death claim goes to trial. Many cases resolve through negotiation and settlement once liability and damages are understood and documented, allowing families to obtain compensation without a courtroom proceeding. Settlement may be preferable for families who value a more timely resolution or wish to avoid the uncertainties and schedules associated with trial. Each case is evaluated on its facts to determine whether settlement or litigation better serves the family’s interests. When negotiations do not produce a fair resolution, or when liability is hotly contested, a case may proceed through litigation and potentially to trial to establish responsibility and recover damages. Counsel prepares each case with the possibility of trial in mind, ensuring that evidence is developed and legal theories are presented in a way that preserves options for either negotiated resolution or court adjudication.

How are funeral and medical expenses handled in a claim?

Funeral and medical expenses incurred as a result of the injury that led to death are commonly recoverable in wrongful death and survival actions, and families should gather receipts, billing statements, and related documentation to support claims for those costs. Clear documentation establishes the amounts paid or owed and helps form the economic component of a damages calculation. Filing a claim without complete records can limit recovery, so compiling this evidence early is advisable. Counsel can help identify which expenses are recoverable under applicable law and ensure that demands or court filings include a full accounting of incurred costs. Where insurance or other benefits are available, coordination may be needed to address whether those benefits reduce or interact with amounts sought from a responsible party, and the firm can explain how settlements address these practical considerations.

Can the family receive compensation for loss of companionship?

Yes, in many wrongful death cases family members may seek compensation for loss of companionship, guidance, and emotional support resulting from the decedent’s death. These non-economic losses recognize the intangible impacts on spouses, children, and other close relatives, but their availability and calculation depend on the law and the circumstances of the case. Documenting the nature of relationships and the loss suffered helps present a clear case for such damages. Non-economic damages often require careful presentation of the ways the decedent contributed to family life, including caregiving, mentorship, and daily support, as these factors support an appropriate valuation of intangible losses. Counsel can advise on the evidence and narrative that helps courts or insurers understand the true impact of the loss on surviving family members and incorporate those factors into settlement negotiations or trial presentations.

How do I start a wrongful death claim in Brooklyn Heights?

To start a wrongful death claim in Brooklyn Heights, contact a law firm that handles such matters for an initial case review, during which you will describe the circumstances and provide any available records such as a death certificate, police or accident reports, and medical bills. The firm will assess whether a viable claim exists, explain who must bring the claim, outline potential damages, and discuss next steps such as evidence gathering and preservation. Early contact helps protect legal options and preserve important records. During the initial consultation, ask about how the firm handles communication, how fees are structured, and the general timeline you might expect for investigation and negotiation. If you decide to proceed, the firm will work with the personal representative to gather documentation, reach out to opposing parties or insurers as appropriate, and pursue a strategy intended to obtain fair compensation for the family’s losses while keeping you informed throughout the process.

Personal Injury Services in Brooklyn Heights

Explore our injury practice areas

⚖️ All Personal Injury Services