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 Richmond Hill, Queens

Compassionate Legal Support

Wrongful Death Claim Guidance

Losing a loved one in a preventable accident in Richmond Hill is devastating, and families often face urgent legal and practical decisions while coping with grief. The Ahearne Law Firm PLLC and Allan J. Ahearne, Jr. work to help families understand their rights under New York law and to pursue recovery for funeral costs, loss of income, and loss of companionship. If you are in Queens or the surrounding area, calling (845) 986-2777 can connect you with someone who will listen to your concerns, explain possible options, and outline the next steps to protect your family’s right to pursue a claim.

When a wrongful death occurs, gathering timely information and taking prompt action can affect the outcome of a claim. Our approach focuses on clear communication, careful investigation, and support for families navigating deadlines and insurance processes in New York. We aim to identify responsible parties, preserve evidence, and work with medical and financial professionals when needed to document losses. Throughout, our goal is to provide dependable guidance so families can make informed decisions while they heal, and so their legal rights are preserved during each stage of the claim process.

Benefits of Focused Legal Assistance

Pursuing a wrongful death claim can help families secure compensation that addresses immediate financial pressures as well as long-term needs. A thorough legal response can cover funeral and medical expenses, lost wages and benefits, and the emotional impact of losing a loved one. In addition to seeking monetary recovery, a careful investigation can uncover facts that influence insurance negotiations and potential litigation. For many families, having a clear plan and dependable advocacy reduces stress during a difficult time and ensures that important deadlines and procedural requirements under New York law are met.

The Ahearne Law Firm in New York

The Ahearne Law Firm PLLC, led by Allan J. Ahearne, Jr., represents families in Richmond Hill and throughout Queens on personal injury and wrongful death matters. Our firm emphasizes attentive client service, practical legal planning, and thorough case preparation tailored to each family’s needs. We are seasoned in handling investigations, coordinating with medical providers and forensic professionals, and presenting claims to insurers or in court when necessary. If you need help understanding options after a loss, we offer a straightforward initial discussion by phone at (845) 986-2777 to review your situation and suggest practical next steps.

Understanding Wrongful Death Claims

A wrongful death claim allows certain family members to seek compensation when someone dies because of another party’s negligent or wrongful conduct. These claims do not replace the pain of loss but provide a legal route to address economic and non-economic harms that flow from the death. In New York, wrongful death actions involve specific procedural requirements and designated claimants who may bring suit on behalf of the decedent’s estate or surviving family. Speaking with a lawyer promptly is important to protect rights and preserve evidence while witnesses and documentation remain available.

Damages in a wrongful death claim can include reimbursement for funeral and medical costs paid by the family as well as compensation for lost financial support and loss of companionship. In certain cases, additional damages may be available to reflect the emotional impact on survivors. Each case depends on the facts such as the decedent’s age, earning capacity, and the family structure, so a careful review of records, wage history, and family circumstances helps determine the types of losses that may be pursued on behalf of those left behind.

Need More Information?

Key Terms and Glossary

Wrongful Death

A wrongful death occurs when a person dies because of another party’s negligent, reckless, or intentional actions. In the legal context, a wrongful death claim seeks to hold the responsible parties accountable for losses suffered by surviving family members. This includes damage categories such as funeral expenses, lost income the decedent would have provided, and compensation for loss of guidance or companionship. Understanding how wrongful death differs from other claims, and who is eligible to file under New York law, helps families identify the appropriate legal steps to protect their rights and pursue recovery.

Survival Action

A survival action is a claim brought on behalf of the decedent’s estate to recover harms the deceased suffered before death, such as medical expenses or pain and suffering experienced prior to passing. This type of action preserves those individual losses and allows them to be collected for the estate, separate from losses claimed by survivors. The survival action typically complements a wrongful death claim, and together they address both the decedent’s pre-death injuries and the family’s post-death economic and emotional losses. Careful documentation of medical treatment and timelines is important for these claims.

Damages

Damages refer to the monetary remedies sought in a wrongful death case to compensate for losses following a fatal incident. Typical categories include economic losses such as funeral and medical bills and loss of financial support, as well as non-economic losses such as loss of companionship or guidance. The amount and types of recoverable damages depend on the facts of the case, relevant family relationships, and the decedent’s earning history. Proper documentation like pay stubs, tax records, and bills helps support claims for damages and enables a clearer estimate of recoverable losses for the family.

Negligence

Negligence is a legal concept that describes a failure to act with reasonable care under the circumstances, resulting in harm to another person. In a wrongful death matter, proving negligence typically involves showing that a party had a duty of care, breached that duty, and that the breach caused the death and related losses. Evidence commonly includes witness statements, accident reports, medical records, and expert analysis of how the incident occurred. Establishing negligence is often central to holding an individual, company, or institution responsible for the consequences of the death.

PRO TIPS

Preserve Important Evidence

After a fatal incident, preserving evidence early is essential because physical items, documents, and witness recollections can change or disappear over time; keep copies of photographs, medical records, bills, and any communication with insurers. If possible, note names and contact information for witnesses and secure accident reports or property damage documentation before it is altered. Taking these steps helps build a factual record that supports the family’s claim and allows a careful review of liability and damages in the weeks and months ahead.

Document Financial and Emotional Losses

Careful documentation of funeral and medical costs, lost wages, and household contributions helps create a clear picture of the financial impact of the loss, so retain receipts, payroll records, and tax documents that show the decedent’s earnings and benefits. Keeping a written account of non-economic impacts such as loss of companionship, changes in daily routines, and emotional consequences provides context for the human effects of the death. Organizing this information early makes it easier to present a complete claim and supports fair consideration of economic and non-economic damages by insurers or a court.

Avoid Early Recorded Statements

Insurance adjusters may request recorded statements soon after an incident, but giving a recorded statement without advice can inadvertently harm a family’s claim; it is often wiser to consult before providing detailed recorded testimony. If asked for information, provide basic facts and express a willingness to cooperate while you gather records and consult with counsel about the best way to protect the family’s interests. Taking measured steps to manage information flow preserves options and reduces the risk of misunderstandings that can complicate settlement or litigation later on.

Comparing Legal Options

When Full Representation Matters:

Complex Liability Issues

Cases involving multiple potential defendants, government entities, or ambiguous fault benefit from a comprehensive approach because careful investigation and coordinated legal strategy are often required to identify all responsible parties and to preserve claims against each. A detailed review of records, expert consultation, and structured discovery may be necessary to uncover hidden liability or to allocate responsibility among several sources. Handling these complex issues early helps ensure that the family does not miss potential avenues for recovery and that claims are presented effectively to insurers or a court.

Multiple Defendants

When more than one party may share responsibility, a comprehensive legal approach coordinates claims against each responsible actor and helps manage settlements and potential litigation with fairness to survivors. This process often requires tracing liability through employers, contractors, vehicle operators, or property owners to understand how each contributed to the incident. Thorough preparation supports a coherent strategy for pursuing compensation and for addressing the different insurance policies and defenses that multiple defendants may raise.

When Limited Help May Suffice:

Clear Liability and Small Claims

A more limited approach can be appropriate when liability is clear and economic losses are modest, for example where a single at-fault party admits responsibility and there is straightforward documentation for expenses. In such cases, focused negotiation with the insurer to obtain a fair settlement may resolve matters without prolonged litigation. Families should still ensure that all damages are carefully documented and that any settlement fully accounts for known and foreseeable losses before accepting a release.

Quick Settlement Options

When insurers are cooperative and the facts are straightforward, a timely negotiated settlement may meet the family’s needs without a trial, reducing delay and legal expense. Even in these situations, careful review of settlement terms and documentation is important so that all immediate and future costs are considered. Families should seek clear explanations of the settlement’s scope and any releases required before agreeing to final terms to ensure that the resolution reflects the full range of recoverable losses.

Common Situations That Lead to Wrongful Death Claims

Traffic Collisions

Traffic collisions in Queens and New York City often result from driver negligence, impaired driving, or unsafe roadway conditions, and they are a frequent cause of fatal incidents leading to wrongful death claims; documentation such as police reports, witness statements, and vehicle inspections are important to establishing fault. Families should preserve medical records and records of lost income to support claims for economic losses and to document the full impact of the loss on survivors.

Fatal Workplace Accidents

Workplace fatalities may involve complex interactions between employer obligations, contractors, and equipment safety, and wrongful death claims can be pursued in addition to workers’ compensation remedies where appropriate; gathering incident reports, OSHA records, and eyewitness accounts helps build a factual record. Understanding the distinction between administrative claims and civil remedies is important so families can evaluate all available avenues for compensation and liability.

Medical Negligence

When a medical procedure or delayed diagnosis contributes to a patient’s death, families may consider claims that address both the care that was provided and the losses that followed, and medical records and expert medical review play a central role in establishing causation. Timely preservation of records and consultations with medical reviewers can clarify whether a claim is appropriate and what damages may be recoverable for the survivors.

Richmond Hill Wrongful Death Attorney Services

Why Choose Our Firm for Wrongful Death Claims

Families in Richmond Hill and Queens choose The Ahearne Law Firm PLLC because we combine careful case preparation with attentive communication tailored to each client’s needs. Allan J. Ahearne, Jr. and the team focus on investigating incidents thoroughly, coordinating with medical and financial professionals, and explaining the legal process in plain terms so families can make informed decisions. We prioritize responsive guidance, preserving evidence, and pursuing fair outcomes while supporting clients through both negotiation and litigation if necessary.

We handle wrongful death matters with a client-centered approach, offering initial case reviews and guidance about possible next steps and likely documentation needs. Our fee arrangements are structured so that families can seek recovery without upfront legal fees in many cases, and we work to resolve claims efficiently while safeguarding the family’s rights. For a timely conversation about your situation, call (845) 986-2777 to discuss how we can assist with protecting evidence, meeting procedural deadlines, and pursuing a full accounting of losses.

Contact The Ahearne Law Firm Today

People Also Search For

wrongful death lawyer Richmond Hill

Richmond Hill wrongful death attorney

Queens wrongful death claim

wrongful death compensation New York

personal injury wrongful death Queens

Allan J. Ahearne wrongful death

Ahearne Law Firm wrongful death

wrongful death settlement Richmond Hill

FAQS

What qualifies as a wrongful death in New York?

A wrongful death claim arises when a person dies as a result of another party’s negligent, reckless, or intentional conduct that would have allowed the decedent to pursue a personal injury claim if they had survived. These claims are brought to recover losses suffered by surviving family members, including funeral expenses, loss of financial support, and loss of companionship, and they require a careful factual review to identify responsible parties and supporting evidence. Because claims must follow specific procedural rules in New York, families benefit from early guidance to preserve records and identify eligible claimants. Prompt action helps ensure that relevant witnesses, medical records, and other evidence are secured while they remain available.

Who is allowed to file a wrongful death lawsuit?

New York law designates certain surviving family members and the decedent’s estate as potential claimants in wrongful death proceedings. Eligible parties often include spouses, children, and sometimes parents, depending on family circumstances and the decedent’s dependents, with the estate also able to pursue a survival action for pre-death losses and medical expenses. Determining who may bring a claim requires a review of the family relationships and the decedent’s financial situation. Early consultation helps confirm which parties are authorized to proceed and ensures the claim is filed by the appropriate representative of the estate or survivors.

How soon must we act after a wrongful death?

Time limits apply to wrongful death claims under New York law, and missing applicable deadlines can bar recovery, so it is important to seek advice without delay to identify filing requirements and any exceptions that may apply. Acting promptly allows for preservation of evidence, witness interviews, and timely investigation of the incident. Even if you are unsure about pursuing a claim, an early discussion can clarify deadlines and necessary documents, helping families protect their rights while they decide how to proceed during a difficult time.

What types of damages can survivors recover?

Survivors may seek compensation for economic losses such as funeral and medical expenses, lost wages and benefits that the decedent would have provided, and other costs tied to the death. Additionally, claims often include compensation for non-economic losses like loss of companionship or emotional support, reflecting the human impact on family members. The types and amounts of damages depend on the family’s particular circumstances, the decedent’s earning capacity, and the evidence available to document losses. Careful collection of bills, benefit records, and testimony about family relationships supports a comprehensive presentation of damages.

How is fault proven in a wrongful death case?

Proving fault typically involves demonstrating that a party owed a duty of care, breached that duty, and that this breach caused the death and resulting losses. Evidence may include police and incident reports, medical records, witness statements, expert opinions, and photographs or video that show what happened and how the incident occurred. A structured investigation gathers and preserves these materials while assessing potential defenses. Building a clear factual narrative supported by documentation and testimony strengthens the family’s position in negotiations or in court if litigation becomes necessary.

Will our case go to trial or can it settle with insurers?

Many wrongful death matters resolve through settlement with insurers, but some require filing a lawsuit and proceeding toward trial if fair compensation cannot be obtained through negotiation. The decision to litigate depends on the case facts, the strength of evidence, and the willingness of responsible parties or their insurers to offer an adequate resolution. Families should expect a thorough assessment of the claim’s strengths and possible outcomes before choosing a path forward. Effective planning keeps litigation options available while pursuing timely settlement opportunities when appropriate.

How are legal fees typically handled in wrongful death claims?

Fee arrangements in wrongful death matters are commonly structured so that families do not pay upfront legal fees; many firms handle cases on a contingency fee basis, meaning fees are taken from any recovery achieved and there is no charge if no recovery is made. This approach allows families to pursue claims without immediate financial burden while aligning representation with the goal of obtaining compensation. It is important to review and understand the specific fee agreement before proceeding, including how costs and expenses are handled, so families can make informed decisions about representation and the financial implications of pursuing a claim.

What evidence is most important to preserve after a fatal incident?

Important evidence includes medical records, bills, photographs of the scene, police or incident reports, witness contact information, and any available video or electronic data related to the incident. Preserving original documents and making copies of receipts, income records, and communication with insurers supports claims for economic losses and helps reconstruct the timeline of events. Acting quickly to request and secure records, and to note witness statements while memories are fresh, increases the likelihood that critical evidence remains available for investigation and for presentation to insurers or a court if needed.

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

In many workplace fatalities, families may be entitled to workers’ compensation benefits while still having the option to pursue a wrongful death claim against third parties whose conduct contributed to the death. The relationship between workers’ compensation remedies and civil claims can be complex, and it is important to evaluate both avenues to ensure all potential recoveries are considered. Reviewing the facts with legal counsel helps determine whether third-party liability exists in addition to administrative benefits and how pursuing a civil claim might proceed alongside or after workers’ compensation matters are addressed.

How quickly can I speak with someone about next steps?

We aim to make an initial consultation accessible and responsive, and many families can arrange a prompt conversation by phone to discuss the basic facts and next steps. Early contact allows us to advise on evidence preservation, potential deadlines, and the documentation needed to evaluate a claim effectively. If you prefer, call (845) 986-2777 to schedule a confidential discussion about your situation in Richmond Hill or Queens. That initial conversation helps clarify immediate priorities and explains how to move forward while preserving the family’s legal options.

Personal Injury Services in Richmond Hill

Explore our injury practice areas

⚖️ All Personal Injury Services