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Wrongful Death Lawyer in Glendale

Compassionate, Straightforward Guidance

A Clear Guide to Wrongful Death Claims

Losing a loved one in Glendale is devastating, and the legal process that follows can feel overwhelming during a time of grief. This page explains how a wrongful death claim works in Queens County, what family members and personal representatives can expect, and how Ahearne Law Firm PLLC, led by Allan J. Ahearne, Jr., supports families through every step. We focus on practical guidance, clear communication, and protecting your right to pursue compensation for funeral costs, lost income, and the emotional harms caused by a death resulting from someone else’s conduct. Call (845) 986-2777 for a prompt discussion.

Wrongful death claims in New York involve deadlines, legal paperwork, and careful investigation of what caused the death. Prompt action helps preserve evidence and preserve the ability to bring a claim, so early consultations are important. We work to identify responsible parties, gather medical and accident records, and explain the timeline so family members understand what to expect. While every case is different, thoughtful preparation and realistic planning often produce better outcomes. Our approach is to provide steady guidance and to pursue a fair result while honoring the memory of the person you lost.

Benefits of Thoughtful Wrongful Death Representation

A wrongful death claim can secure compensation that covers funeral expenses, medical bills incurred before death, lost earnings, and the loss of care or companionship that survivors experience. Effective handling of a claim also reduces the stress on family members by managing communications with insurers and opposing parties, collecting and preserving evidence, and clarifying legal options. Choosing focused legal help can increase the likelihood that your case is thoroughly investigated and presented, which can improve settlement discussions or trial preparation. Above all, bringing a claim helps families hold responsible parties accountable and obtain resources that can assist with financial recovery and long-term planning.

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

Ahearne Law Firm PLLC serves clients across New York with a focus on personal injury and wrongful death matters. Allan J. Ahearne, Jr. leads the firm’s work in Queens County and surrounding areas, offering attentive representation and hands-on involvement in each case. The firm emphasizes clear communication and practical problem solving, working closely with families to gather records, secure expert opinions when needed, and negotiate with insurance companies. We tailor our approach to each family’s needs, giving priority to timely action and respectful, compassionate handling of sensitive circumstances while pursuing legal remedies available under New York law.

Understanding Wrongful Death Claims in New York

A wrongful death claim seeks compensation when someone’s death is caused by another party’s negligent, reckless, or intentional conduct. In New York, these claims are typically pursued by the personal representative of the decedent’s estate on behalf of surviving family members. Recoverable losses can include funeral and burial expenses, medical costs related to the injury or illness that caused death, lost financial support, and the intangible losses suffered by family members. The process involves documenting the cause of death, identifying liable parties, and proving the connection between the defendant’s conduct and the death, which often requires careful coordination with medical records and, when appropriate, independent evaluations.

Wrongful death matters often require work across several fronts: prompt evidence preservation, a review of medical and incident records, and communications with insurers and potential defendants. The personal representative has authority to bring a claim, but family members are the ultimate beneficiaries of any recovery. Cases may resolve through settlement discussions or proceed to trial if negotiations do not produce a fair result. Throughout the matter, families should expect clear updates about timing, likely costs, and realistic outcomes. Early attention to the case can protect legal rights and make it easier to secure the documentation needed to support a claim.

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Key Terms and Glossary

Wrongful Death

Wrongful death refers to a civil claim brought after a person dies as a result of another party’s negligent, reckless, or intentional actions. In New York, a wrongful death action seeks monetary compensation for financial losses like funeral costs and lost income, as well as non-economic harms suffered by surviving family members. The claim is typically brought by the decedent’s personal representative and is designed to provide financial relief and a measure of accountability. Establishing liability generally requires proof that the defendant’s conduct caused the death, so investigating the incident and compiling medical records are essential early steps in the process.

Survival Action

A survival action is a related type of claim that allows the decedent’s estate to pursue damages the deceased could have claimed had they survived, such as pain and suffering prior to death or lost earnings the deceased would have received. This action is separate from a wrongful death claim even though both may arise from the same event, and recoveries from a survival action belong to the estate rather than to surviving family members directly. Survival actions require careful documentation of the decedent’s experience prior to death and coordination between estate matters and the wrongful death claim to ensure all appropriate losses are identified and addressed.

Personal Representative

The personal representative is the person or entity authorized to manage the decedent’s estate and to bring civil claims on its behalf, including wrongful death and survival actions. In many cases, a will names a personal representative, or the court appoints one if no valid will exists. The personal representative is responsible for filing legal claims, gathering assets and records, and distributing any recovered funds according to state law and the decedent’s wishes. Working with legal counsel helps the personal representative understand filing deadlines, required documentation, and the practical steps needed to pursue recovery for the estate and surviving family members.

Loss of Consortium

Loss of consortium refers to the deprivation of benefits of a family relationship, such as companionship, affection, guidance, and sexual relations, that can result from a wrongful death or severe injury. In wrongful death cases, certain close family members can seek compensation for these relational harms as part of the broader claim. Demonstrating loss of consortium typically involves describing how the decedent’s absence has affected daily life, emotional wellbeing, and the family’s structure. While monetary recovery cannot restore what was lost, compensation for loss of consortium recognizes the personal and intangible consequences of a wrongful death on surviving loved ones.

PRO TIPS

Document Everything

Begin preserving records and evidence as soon as possible after a death, including photographs, medical bills, hospital records, police reports, and witness contact information, because these materials form the backbone of any wrongful death claim and help establish key facts about what happened and who was responsible. Maintain a written timeline of events and keep copies of communications with insurers and other parties, and let your attorney collect official records so nothing is lost or overlooked. Early organization reduces stress for family members and makes it easier to present a clear, supported case when pursuing recovery and closure.

Preserve Medical and Incident Records

Request copies of all medical records, treatment notes, and discharge summaries related to the injury or illness that led to the death, because accurate medical documentation is crucial to show causation, timing, and the extent of harm, and it supports both liability and damages claims. If the death resulted from an accident, obtain police reports, incident logs, and any available video or witness statements so investigators can recreate the circumstances and identify responsible parties. Keeping these records organized and sharing them promptly with counsel supports a thorough review and helps avoid delays that could jeopardize the claim.

Talk With Family Early

Speak with immediate family members and potential heirs early to identify who will act as personal representative and to gather names, contact information, and details about the decedent’s employment, insurance, and financial situation, because clarity among family members helps prevent later disagreements and speeds the claims process. Discuss priorities and any wishes the decedent expressed about legal or financial matters so decisions reflect the family’s goals and the decedent’s values. Open communication reduces confusion and allows legal counsel to proceed efficiently on behalf of the estate and those who will benefit from any recovery.

Comparing Legal Options for Wrongful Death Matters

Why a Full Approach Helps:

Complex Liability Issues

When multiple parties, overlapping insurance policies, or disputed causation are involved, taking a full approach that includes thorough investigation, consultation with medical reviewers, and coordinated discovery is often necessary to identify all sources of responsibility and available recovery. Complex liability issues demand careful attention to detail to ensure that no potentially responsible party or source of compensation is overlooked, and that claims are filed against the proper entities. A measured, comprehensive plan helps families navigate these complications with clear next steps and a documented factual basis for any claim pursued.

High Stakes and Significant Losses

When the financial impact of a death is substantial due to lost future income, business involvement, or long-term support obligations, a comprehensive approach that includes economic analysis and vocational assessment may be necessary to fully quantify damages and present them persuasively in settlement talks or at trial. Proper valuation of long-term losses often requires gathering employment records, tax documents, and expert projections, all of which take time and coordination. Families facing substantial losses benefit from a careful, complete presentation so recovery reflects the true and lasting impact of the decedent’s death.

When a Limited Approach May Be Appropriate:

Clear Liability and Modest Damages

If liability is clear, the parties are cooperative, and losses are comparatively modest, a more focused approach aimed at efficient settlement negotiations and streamlined documentation may be sufficient to secure fair compensation without protracted litigation. In such situations, concentrating on assembling core records, presenting a concise damages claim, and negotiating directly with insurers can resolve matters more quickly and with lower legal expense. Even when pursuing a streamlined path, ensuring that all necessary documentation is in order protects the family from accepting an inadequate resolution.

Prompt Settlement Opportunities

A limited approach may also work when an insurer promptly offers a reasonable settlement and the family’s priorities favor a quick resolution to cover immediate costs like funeral expenses and outstanding medical bills, provided the offer adequately addresses both present and likely future losses. Evaluating a settlement offer requires thoughtful review of current financial needs, potential long-term losses, and the strength of the evidence, and counsel can assist in determining whether an offer truly satisfies the family’s interests. Quick resolutions can reduce stress, but they should be weighed carefully against potential longer-term needs.

Common Circumstances That Lead to Wrongful Death Claims

Auto Collisions

Car, truck, and motorcycle collisions are frequent causes of wrongful death claims when negligent driving, distracted operation, or unsafe road conditions contribute to a fatal crash and require a careful review of police reports, witness statements, vehicle damage, and medical records to determine fault and damages. Families impacted by vehicular fatalities often need both prompt investigation to preserve evidence such as camera footage and thorough documentation of medical treatment and lost earnings to support a complete claim for compensation and closure.

Workplace Fatalities

Fatal injuries on a worksite can lead to wrongful death claims alongside potential workers’ compensation benefits, and resolving such matters often involves examining safety protocols, equipment maintenance records, and employer compliance with regulations to determine whether third-party liability exists. When a workplace death occurs, families may have multiple remedies to consider, and careful coordination helps ensure that any wrongful death claim complements other available benefits and recovery routes.

Medical Negligence

Deaths tied to medical care — whether through surgical mistakes, misdiagnosis, or medication errors — require review of medical records, physician notes, and timelines of care to assess whether the treatment provided departed from accepted standards and caused the fatal outcome. These cases often need medical review to translate clinical facts into a clear narrative for legal purposes and to establish causation for a wrongful death claim.

Glendale, Queens Wrongful Death Attorney

Why Choose Ahearne Law Firm for Your Claim

Families in Glendale choose Ahearne Law Firm PLLC for a combination of attentive communication, local knowledge of Queens County courts and procedures, and practical handling of sensitive matters. Allan J. Ahearne, Jr. and the firm prioritize clear guidance, prompt investigation, and keeping families informed so they can make decisions that reflect their needs and values. We focus on assembling the records that matter most and pursuing fair recovery while respecting the emotional challenges families face during grieving and estate administration.

When taking on a wrongful death matter, the firm works to reduce the burden on family members by managing deadlines, negotiating with insurers, and coordinating investigators or medical reviewers when needed. We are prepared to pursue settlement through careful negotiation and to move toward trial preparation if a fair resolution cannot be reached. Our goal is to help families obtain financial relief and a sense of resolution so they can focus on healing and planning for the future.

Contact Us Today to Discuss Your Case

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FAQS

Who can bring a wrongful death claim in New York?

In New York, wrongful death claims are typically brought by the decedent’s personal representative, who has authority to file suit on behalf of the estate and the decedent’s survivors. The personal representative acts in the estate’s interest and pursues recovery that will ultimately be distributed according to state law and any valid will. Family members benefit from the recovery, and the representative’s role is to manage claims, preserve assets, and communicate with heirs about the process. Identifying an appropriate personal representative promptly helps avoid delays. If a will names a representative, that person usually serves; absent a will, the court will appoint someone. Consulting counsel early can clarify who should act, what documentation is needed to prove appointment, and how the representative can work with counsel to advance the claim while fulfilling estate responsibilities.

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

Wrongful death claims may include economic losses such as funeral and burial expenses, unpaid medical bills related to the injury before death, and the financial support the decedent would have provided if they had lived. Courts also recognize non-economic harms like loss of companionship, guidance, and the ongoing emotional impact on close family members, and these elements are considered when seeking a full measure of recovery. Calculating damages often requires gathering employment records, tax returns, and evidence of ongoing family needs, as well as testimony about how the decedent contributed to household and family life. Working with counsel helps ensure that both present and future losses are considered and presented in a way that accurately reflects the decedent’s role and the survivors’ needs.

How soon should we act after a wrongful death?

Prompt action after a fatal incident is important to preserve evidence, secure records, and protect the legal rights of the decedent’s estate and survivors. Medical records, police reports, witness contact information, and physical evidence can degrade or disappear over time, making it harder to build a compelling case if action is delayed. Early consultation helps identify necessary steps and ensures that time-sensitive tasks are handled without placing additional stress on family members. There are also statutory deadlines and procedural requirements that apply to wrongful death claims in New York, so discussing potential timelines with counsel as soon as possible reduces the risk of missing a critical filing date. Even when grieving, taking immediate steps to protect evidence and retain counsel can make a meaningful difference in preserving legal options and achieving a timely resolution.

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

A wrongful death claim and a survival action are related but distinct. A wrongful death claim seeks compensation for losses suffered by surviving family members, such as funeral costs, lost support, and loss of companionship, and is pursued for the benefit of those survivors. The personal representative typically brings this claim on behalf of the estate and beneficiaries. A survival action, by contrast, addresses losses the decedent personally suffered prior to death and belongs to the estate itself, such as the decedent’s pain and suffering or lost earnings the decedent could have claimed if still alive. Both actions can arise from the same incident and may be pursued together, but each serves a different legal purpose and has separate considerations for evidence and valuation.

Will we have to go to trial for a wrongful death case?

Many wrongful death matters resolve through settlement negotiations without going to trial, because settlement can provide faster access to needed funds and avoid the stress of extended litigation. Insurance companies and defendants often prefer to resolve claims without a trial, and effective preparation and clear presentation of a claim can lead to reasonable offers that address the family’s needs. Families should carefully evaluate any settlement to ensure it properly accounts for both immediate and future losses. If a fair settlement is not achievable, preparing for trial becomes necessary to pursue the full measure of recovery the family deserves. Trial preparation involves rigorous fact development, witness preparation, and clear presentation of damages and causation. Counsel’s ability to move the case toward trial when appropriate can create leverage in settlement talks and ensures the family’s interests are fully protected throughout the process.

How do we preserve evidence after a fatal accident?

Safeguarding evidence begins with documenting the scene and preserving records whenever possible, including photographs of the location and vehicles, preservation of physical items, and obtaining police and incident reports. Contact information for witnesses should be collected early, and copies of medical records and hospital bills should be requested promptly to ensure a complete record of treatment and costs. If relevant video footage exists, such as traffic camera or surveillance recordings, requesting preservation from the custodian immediately is important because such materials are frequently overwritten or discarded. Avoid disposing of items that might be relevant to the case, and limit direct discussions about the incident with insurers until you have guidance on how to protect your claim. Working with counsel who can issue preservation letters, coordinate evidence collection, and consult investigators preserves critical materials and helps construct a coherent narrative for settlement or trial.

Can we pursue benefits from workers’ compensation and a wrongful death claim?

Yes. In cases involving a workplace death, families can often pursue workers’ compensation benefits while also exploring a wrongful death claim against a third party whose negligence contributed to the death, such as a contractor, equipment manufacturer, or roadway maintainer. Workers’ compensation provides certain no-fault benefits for work-related deaths, but it typically does not compensate survivors for the full range of damages available in a wrongful death action, which can include lost future income and non-economic harms. Coordinating both paths requires careful handling to avoid conflicts and to ensure that recoveries are allocated and credited correctly under the law. Counsel can help explain how workers’ compensation benefits interact with wrongful death recoveries, assist with claims administration, and pursue third-party recovery where appropriate to address gaps left by no-fault benefits.

How long will a wrongful death case take in Queens County?

The timeline for a wrongful death case in Queens County varies widely based on the complexity of the facts, the number of parties involved, and whether the case settles or proceeds to trial. Some matters resolve within months when liability is clear and parties are willing to negotiate, while other cases with contested liability or substantial damages can take a year or more to reach resolution, particularly if litigation and discovery are needed. The pace is influenced by court schedules, the need for expert analysis, and the willingness of insurers to cooperate. During the process, counsel will provide estimates about likely timing, explain necessary interim steps, and recommend actions that can speed resolution without compromising the family’s interest. Keeping open lines of communication with counsel and promptly providing requested documentation helps avoid unnecessary delays and keeps the matter moving toward completion.

What role does the personal representative play?

The personal representative manages the decedent’s estate and is the party authorized to bring wrongful death and survival claims on behalf of the estate and beneficiaries. This role includes filing lawsuits, gathering and preserving evidence, handling communications with insurers and opposing parties, and overseeing distribution of any settlement or judgment according to state law and the decedent’s will. Acting promptly to establish authority as a representative helps avoid procedural setbacks and ensures that claims can proceed in a timely fashion. The representative works closely with counsel to make strategic decisions about settlement offers, litigation steps, and the allocation of recovered funds. Because this role involves both legal and administrative responsibilities, many personal representatives rely on counsel to manage technical aspects of the case so they can focus on family matters and estate administration with clarity and support.

How much will it cost to pursue a wrongful death claim?

Many wrongful death matters are handled on a contingency fee basis, meaning the firm’s fees are tied to the outcome of the case and legal costs are advanced as the matter proceeds, which can reduce immediate financial pressure on families seeking recovery. Even with a contingency arrangement, families may be responsible for certain case-related expenses if there is a recovery, and counsel will explain the fee structure and how costs are handled before any agreement is signed. Clear communication about fees, costs, and expected net recovery helps families make informed choices about moving forward. Counsel can provide an initial discussion at no charge to review the circumstances and explain likely next steps, cost structures, and potential timelines. This initial consultation helps families understand whether bringing a claim is practical and how costs will be managed over the course of the matter, allowing them to proceed with confidence and transparency.

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