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 Fairport — Guidance for Families

Compassionate Claim Guidance

Comprehensive Wrongful Death Overview

Losing a loved one in an incident that could have been prevented is devastating, and families in Fairport often have questions about how to proceed. This page explains wrongful death claims under New York law, who may bring a claim, what types of losses may be recoverable, and how the process typically unfolds. We aim to provide clear, practical information so families can make informed decisions during a difficult time, including what documentation helps move a claim forward and how timelines and court procedures may affect options available to survivors.

When a death results from another party’s negligence or misconduct, the surviving family faces both emotional and financial burdens. Understanding the legal framework that governs wrongful death and related survival actions helps families weigh whether to pursue a claim and what outcomes may be possible. This discussion covers damages like lost financial support, funeral expenses, and loss of companionship, along with the procedural steps a claim might follow in Monroe County and elsewhere in New York. Clear information can reduce uncertainty and help families consider their next steps with greater confidence.

How a Wrongful Death Claim Can Help

Pursuing a wrongful death claim can provide practical relief after a sudden loss by seeking compensation for economic harms and some non-economic losses. Recoveries may address medical bills incurred before death, funeral and burial expenses, and the financial support the deceased would have provided. For families confronting unexpected financial hardship, a claim can create a path to cover immediate needs while holding responsible parties accountable through the civil process. Beyond compensation, the legal process may produce documentation and a formal record of what occurred, which can be important for families and future prevention efforts.

About The Ahearne Law Firm and Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC serves clients in Fairport, Monroe County, and across New York, assisting families with personal injury and wrongful death matters. Allan J. Ahearne, Jr. and the firm focus on advocating for families seeking full consideration of both economic and non-economic losses following a wrongful death. The firm emphasizes steady communication, thorough case preparation, and attention to the documentation that supports a claim. Clients typically receive guidance on available legal options, assistance gathering records, and representation through negotiations or litigation when necessary.

Understanding Wrongful Death Claims

A wrongful death action is a civil claim brought after someone dies as a result of another party’s unlawful conduct or negligence. The claim focuses on harms suffered by surviving family members rather than criminal penalties for the responsible party. In New York, specific statutes and case law define who may bring a wrongful death action, the types of damages that may be recovered, and the timelines that apply. Families often need to consider whether a separate survival action for the decedent’s pre-death losses should be pursued alongside a wrongful death claim.

Key components of a wrongful death matter include establishing liability, documenting losses, and calculating damages that reflect both immediate expenses and longer-term impacts on the household. Evidence may include medical records, accident reports, witness statements, employment and earnings documentation, and bills related to the incident and funeral. The process often involves negotiating with insurers, exchanging discovery, and potentially resolving the case through settlement or trial if an agreement cannot be reached. Timely action is important because legal deadlines can bar a claim if missed.

Need More Information?

Key Terms and Glossary for Wrongful Death Matters

Wrongful Death Action

A wrongful death action is a civil lawsuit brought by designated survivors after a person dies due to another party’s negligent or intentional conduct. The action seeks recovery for losses suffered by surviving family members, including financial support and some non-economic damages related to loss of companionship. Statutory rules in New York specify who has standing to bring the claim and which types of damages are recoverable. The process is distinct from any criminal case and focuses on compensating survivors for their losses tied to the death rather than punishing the wrongdoer.

Survival Action

A survival action is a related civil claim that preserves the decedent’s own causes of action that existed at the time of death, such as pain and suffering or medical expenses incurred before death. The recovery in a survival action is treated as part of the decedent’s estate and differs from wrongful death damages, which compensate survivors for their own losses. Families may pursue a survival action alongside a wrongful death claim to ensure both the decedent’s and survivors’ losses are addressed. Procedural rules determine how these claims proceed in court and how recoveries are distributed.

Damages Recoverable

Damages in wrongful death matters can include economic losses such as lost wages or benefits the deceased would have provided, funeral and burial expenses, and certain other financial harms to survivors. Courts may also consider non-economic losses like loss of guidance, care, and companionship depending on statutory and case law limitations. The exact scope of recoverable damages varies by jurisdiction and case facts, and accurate documentation is important to support claims for monetary relief. Calculation of damages typically requires reviewing earnings records, household contributions, and future financial projections.

Statute of Limitations

The statute of limitations sets the deadline for filing a wrongful death claim, and missing that deadline can prevent a claim from moving forward. In New York, timing rules for wrongful death and related survival actions are governed by state statutes and can be affected by the date of death and the circumstances surrounding the incident. Because these time limits are firm in many cases, families are encouraged to seek information early to preserve their rights. Identifying the correct deadline for a specific situation often requires review of the case facts and applicable law.

PRO TIPS

Preserve Evidence Early

Begin collecting documents as soon as possible after a death that may give rise to a claim. Important records include medical bills, treatment notes, accident reports, and contact information for witnesses. Preserving physical evidence, photos, and communications can also be essential to supporting a claim down the road.

Document Financial Losses

Keep detailed records of expenses related to the loss, such as funeral costs and out-of-pocket medical bills. Gather paystubs, tax returns, and employment records to help calculate lost support and future losses. Clear documentation strengthens a claim and assists in settlement discussions or court proceedings.

Mind Critical Deadlines

Statutory filing deadlines can prevent recovery if they are missed, so be aware of timing requirements early in the process. Different claims and circumstances may trigger different deadlines. Promptly seeking guidance about timing helps preserve options and ensures necessary steps are taken within required periods.

Comparing Legal Options After a Wrongful Death

When a Full Claim Is Warranted:

Serious or Complex Liability Issues

When liability is disputed or multiple parties may be responsible, a comprehensive approach is often appropriate to identify all sources of potential recovery. Complex cases commonly require in-depth investigation, expert reports, and careful coordination of claims against insurers and third parties. Thorough preparation helps families understand the strengths and challenges of their case before negotiations or court proceedings begin.

Substantial Financial and Long Term Losses

Cases where the decedent provided significant financial support or where future losses are substantial often benefit from a detailed evaluation of long term damages. Accurately projecting future earnings, benefits, and household contributions frequently requires careful analysis and documentation. A comprehensive approach seeks to ensure that all relevant economic impacts are considered in settlement discussions or litigation.

When a More Focused Approach Works:

Clear Liability and Modest Damages

When liability is clear and the primary losses are limited and easily documented, a more streamlined approach may be efficient. In such cases, settlement negotiations with an insurer can resolve the matter without extensive litigation. The decision to pursue a focused approach depends on the facts and the family’s goals for resolution.

Desire for Quick Resolution

Families seeking a faster resolution to address immediate financial needs may find a limited approach appropriate if the responsible parties are cooperative. Settlement can provide funds for expenses like funeral costs and short term support without prolonged court proceedings. Depending on the circumstances, a targeted negotiation may balance speed and fair compensation.

Common Situations That Lead to Wrongful Death Claims

Motor Vehicle Collisions

Fatal car, truck, or motorcycle collisions caused by another driver’s negligence are a frequent source of wrongful death claims. These cases often require investigation of traffic reports, witness statements, and vehicle damage to establish responsibility.

Medical Negligence

Deaths that arise from medical errors or delayed treatment can give rise to claims when care falls below accepted standards. Such matters typically involve careful review of medical records and expert analysis to link the conduct to the fatal outcome.

Premises and Workplace Incidents

Fatal injuries occurring on another party’s property or at a workplace due to unsafe conditions are common, and claims may involve property owners or employers. Investigation into safety practices, maintenance records, and compliance with regulations helps identify responsible parties.

Fairport Wrongful Death Representation

Why Families Choose The Ahearne Law Firm

Families choose the Ahearne Law Firm for its commitment to clear communication, attention to detail, and practical guidance through wrongful death matters in Monroe County and across New York. The firm provides assistance identifying relevant records, communicating with insurers, and explaining the options available to survivors. Clients report that having steady guidance through document gathering, claim evaluation, and negotiation helps reduce uncertainty and allows them to focus on family needs while decisions about the legal process move forward.

The firm is prepared to pursue appropriate avenues of recovery on behalf of families, whether through negotiations with liability carriers or by pursuing court action when needed. The firm helps clients evaluate settlement offers in the context of both immediate needs and long term impacts, aiming to secure compensation that fairly addresses the losses arising from the death. Attention to timelines and procedural requirements is emphasized to protect clients’ rights during the claim process.

Contact The Ahearne Law Firm in Fairport

People Also Search For

Fairport wrongful death lawyer

Monroe County wrongful death claim

wrongful death attorneys New York

survival action New York

funeral expense recovery Fairport

loss of support claim

personal injury wrongful death

Ahearne Law wrongful death

FAQS

What is a wrongful death claim in New York?

A wrongful death claim is a civil action brought by certain surviving family members after a person dies because of another party’s negligent or wrongful conduct. The claim seeks compensation for losses suffered by survivors, which commonly include burial expenses, lost financial support, and in some cases losses related to lost guidance and companionship. The legal framework in New York defines who may bring the action and the types of recoverable damages, and these rules determine the initial structure of a claim. Because wrongful death is a civil remedy, it operates separately from any criminal case that may arise from the same incident. Families focus on documenting financial impacts and other losses that flowed from the death, and the civil claim seeks to address those harms through monetary recovery. Early attention to records and deadlines helps preserve a family’s ability to pursue compensation.

Who can bring a wrongful death claim in New York?

New York law specifies which relatives or representatives may bring a wrongful death action, often including spouses, children, and certain other dependents or distributees. The exact list and priority for bringing a claim are governed by statute and can vary based on family structure and the existence of an estate representative. Identifying the appropriate plaintiff or plaintiffs is an early step in the claims process and is important for correctly filing an action. When there is uncertainty about who should bring the claim, it is helpful to review family relationships, wills, and other estate planning documents. An administrator or executor of the decedent’s estate may have a role in coordinating claims, and resolving questions about representation early avoids procedural issues that could delay or affect recovery.

What types of damages are available in a wrongful death case?

Damages in wrongful death claims commonly include economic losses such as lost earnings and benefits the decedent would have provided, funeral and burial costs, and sometimes certain expenses related to medical care before death. Courts and statutes may also allow recovery for non-economic harms like loss of care, guidance, and companionship, depending on applicable law and the case facts. Calculating damages often requires thorough documentation of financial records and consideration of future impacts on the family. Accurate estimates of lost future support and household contributions typically rely on employment and earnings records, tax returns, and information about expected benefits. Documenting immediate out-of-pocket expenses and medical bills is also important. Together, these materials form the basis for negotiating settlements or presenting damages in court if a resolution is not reached through negotiation.

How long do I have to file a wrongful death claim?

Deadlines for filing a wrongful death claim are governed by statute and can vary depending on the jurisdiction and specific circumstances. In New York, timing rules apply to wrongful death and related survival claims, and failing to file within the applicable period can bar recovery. Because timing rules are strict, families are encouraged to determine applicable deadlines promptly after a death that may give rise to a claim. Factors such as the date of death, the nature of the incident, and whether other claims are pending can affect the appropriate deadline. Early consultation and review of case facts help identify the correct filing window and ensure necessary preparatory steps, such as gathering documentation and filing appropriate initial paperwork, occur within required timeframes.

Should we accept the first settlement offer from an insurer?

Insurance companies may make initial settlement offers intended to resolve a matter quickly, but the first offer may not fully reflect the full scope of damages or future needs of survivors. It is often advisable to take time to document losses, gather supporting records, and consider the long term financial implications before deciding whether to accept an offer. Evaluating an offer in the context of all potential damages helps ensure survivors are not left with unmet needs. Family members should weigh whether the offer covers medical bills, funeral expenses, lost support, and projected future losses. If the offer is unclear or appears insufficient, additional documentation and negotiation may yield a better outcome. An informed decision about a settlement balances immediate needs with the potential for a higher recovery through further negotiation or litigation.

What is the difference between a wrongful death and a survival action?

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of a death caused by another party. The focus is on harms to survivors, including financial impacts and, where applicable, non-economic losses related to loss of companionship. The wrongful death claim is distinct from criminal proceedings, which seek to punish unlawful conduct through the criminal justice system rather than provide compensation to survivors. A survival action, by contrast, preserves causes of action that belonged to the decedent at the time of death, such as pain and suffering or medical expenses incurred before death. When appropriate, families may pursue both a wrongful death action and a survival action to address different types of recovery, and procedural rules govern how those claims proceed and how proceeds may be allocated.

How are funeral and medical expenses recovered?

Funeral and medical expenses related to the decedent’s final injury or illness can be included in claims when properly documented. This typically requires gathering bills, receipts, and medical records that tie the charges to the incident or condition underlying the wrongful death claim. Clear documentation helps establish the amounts and the link between expenses and the event that led to death. Families should retain itemized invoices, hospital statements, and receipts for funeral services, and organize them in a way that makes review straightforward. Insurance companies and courts rely on such documentation when considering compensation for these out-of-pocket expenses, so collecting and preserving records early is important for recovery.

Will a criminal conviction affect a wrongful death claim?

A criminal conviction may provide evidence that supports a civil wrongful death claim, and it can influence settlement discussions or court proceedings because it establishes wrongdoing in a separate forum. However, civil claims proceed independently of criminal cases, and the absence of criminal charges or a conviction does not automatically prevent a civil recovery. Civil standards of proof differ from criminal standards, and families can pursue civil remedies regardless of the criminal outcome. Timing considerations may arise when criminal cases are pending, and coordination between criminal and civil proceedings sometimes affects strategy. Families often proceed with civil documentation and preparation while monitoring any criminal case, and they may use criminal findings where appropriate to support civil claims.

How long does a wrongful death case typically take to resolve?

The timeline for resolving a wrongful death case varies widely based on factors such as the complexity of liability, the availability of evidence, the willingness of insurers to negotiate, and court schedules. Some matters resolve relatively quickly through negotiation when liability is clear and damages are straightforward, while other cases may take many months or longer if discovery, expert analysis, or trial becomes necessary. Families should be prepared for a process that can require time to achieve a fair resolution. Prompt investigation and thorough documentation can help move a case forward more efficiently, but unexpected developments may extend timelines. Regular communication, realistic expectations, and careful preparation of the evidence and damages calculations all play roles in the overall duration of a case, and available options for resolution may shift as new information emerges.

How can I get started with a wrongful death claim in Fairport?

To begin a wrongful death claim in Fairport, families typically gather key documents such as medical records, death certificates, bills, and any accident reports or photographs that relate to the incident. Identifying witnesses and collecting contact information, preserving physical evidence, and organizing proof of financial contributions the decedent provided are also helpful first steps. Early organization of records supports timely assessment of potential claims and helps identify deadlines that must be observed. After assembling initial documents, families should consider discussing the matter with legal counsel or a trusted advisor to review the facts, confirm who may bring a claim, and determine applicable filing timelines. This early review helps establish a plan for gathering additional evidence, handling communications with insurers, and preserving rights while families consider options for seeking recovery.

Personal Injury Services in Fairport

Explore our injury practice areas

⚖️ All Personal Injury Services