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 Attorney Serving Katonah, NY

Compassionate Legal Support

Comprehensive Wrongful Death Guidance

Losing a loved one through someone else’s negligence is a deeply painful experience that brings emotional strain and practical challenges. In Katonah and the surrounding Westchester County communities, families confronted with wrongful death must navigate complex legal processes while coping with grief. This page explains how a wrongful death claim works in New York, who may bring a claim, what types of damages may be available, and the timelines that apply. We aim to provide clear, compassionate information so families can make informed decisions about protecting their rights and seeking fair compensation after such a loss.

If a death resulted from another party’s carelessness, intentional act, or failure to follow the law, surviving family members may have the right to pursue a wrongful death claim under New York law. Matters to consider include determining liable parties, gathering medical and accident records, and understanding the procedural deadlines for filing claims. The earlier the investigation begins, the better preserved the evidence will be. This page covers common questions, legal options, and practical next steps to help Katonah families move forward with confidence while they focus on healing and providing for their loved ones.

How a Wrongful Death Claim Can Help Families

Pursuing a wrongful death claim can serve several important purposes for grieving families. Financially, it can help cover medical bills incurred before death, funeral and burial costs, lost income and support, and compensation for loss of guidance or companionship. Legally, a claim can hold responsible parties accountable and create a public record of the circumstances that led to the death. Emotionally, many families find that seeking a resolution through the civil justice system brings a measure of closure. Understanding the potential benefits and realistic outcomes helps families decide how best to proceed after a tragic loss.

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

The Ahearne Law Firm PLLC assists families in the Hudson Valley and the greater New York region with personal injury and wrongful death matters. Led by Allan J. Ahearne, Jr., the firm focuses on providing steady legal representation and attentive client service during difficult times. We prioritize careful investigation, timely action, and clear communication so families understand their options and the steps involved in a wrongful death claim. Our approach emphasizes practical advocacy to preserve evidence, identify responsible parties, and pursue appropriate compensation while offering compassionate support through each stage of the process.

Understanding Wrongful Death Claims in New York

Wrongful death claims in New York allow certain family members to seek compensation when a death is caused by a wrongful act, negligence, or omission. New York follows a distinct set of rules about who may bring a claim and what damages are recoverable. Typically, the deceased person’s spouse, children, or parents may have standing, and damages can include pecuniary losses such as lost earnings and services, as well as funeral and medical expenses. The statute of limitations and procedural requirements are strict, so understanding the legal framework early is key to preserving a family’s right to seek compensation.

In addition to a wrongful death action, New York law may also permit a survival action brought by the decedent’s estate for injuries suffered before death. These two types of claims can allow recovery for different types of losses and may proceed together in some cases. Liability can extend to individuals, companies, and government entities depending on the circumstances. Investigating the cause of death, preserving evidence, obtaining medical and accident records, and consulting with knowledgeable counsel promptly are practical steps families should consider to protect their rights and pursue the fullest possible recovery.

Need More Information?

Key Terms You Should Know

Wrongful Death

Wrongful death refers to a legal claim brought when a person dies as a result of another party’s negligence, wrongful act, or failure to act. In New York, certain family members can file a wrongful death action seeking damages related to the financial and emotional losses caused by the death. This claim is distinct from criminal charges; it addresses civil compensation for survivors rather than punishment of the wrongdoer. Understanding the basis for a wrongful death claim helps families determine whether their circumstances meet the legal requirements to pursue compensation in court.

Survival Action

A survival action is a claim brought on behalf of the decedent’s estate to recover damages that the deceased could have pursued had they survived. This can include pain and suffering experienced before death, medical expenses, and other losses incurred by the decedent. In New York, survival actions and wrongful death claims can sometimes be filed together, but they address different types of losses and may benefit different beneficiaries. Knowing the distinction ensures families pursue all available remedies and preserve rights that belong to the estate and the survivors.

Damages

Damages are the monetary remedies a court may award to compensate survivors for losses tied to a wrongful death. Recoverable damages can include funeral and burial expenses, loss of financial support, loss of guidance and companionship, and medical costs incurred before death. Punitive damages are limited and awarded only in certain cases where the defendant’s conduct was particularly egregious. Assessing damages involves reviewing the victims’ income, expected future contributions, and the non-economic losses suffered by family members, which requires careful documentation and credible evidence.

Statute of Limitations

The statute of limitations sets the deadline for filing a wrongful death claim in court. In New York, wrongful death actions generally must be filed within two years from the date of death, but there are exceptions and nuances depending on governing facts and involved parties. Missing a filing deadline can bar recovery, so prompt attention to timing is essential. Families should seek legal guidance early to identify any special rules or extensions that might apply to their situation and to ensure evidence and records are preserved while the claim is prepared.

PRO TIPS

Begin the Investigation Promptly

Start gathering evidence and medical records as soon as possible to preserve facts that may be time-sensitive. Early investigation helps secure witness statements, accident scene information, and documentation that can be harder to obtain later. Prompt action also supports meeting filing deadlines and building a thorough case on behalf of your family.

Document Financial Losses Thoroughly

Keep careful records of medical bills, funeral expenses, lost income, and other out-of-pocket costs related to the death. Detailed documentation strengthens a claim for pecuniary damages and helps establish the extent of financial impact on survivors. Gathering tax records, employment information, and receipts provides a clear picture of losses for legal and settlement purposes.

Consider Both Legal Options

Understand that a wrongful death claim and a survival action may both be available and address different kinds of loss. Evaluating all possible claims ensures families pursue the full range of remedies that the law allows. Discussing these options early can help determine the best steps for protecting rights and seeking appropriate compensation.

Comparing Legal Paths After a Wrongful Death

When Comprehensive Representation Is Advantageous:

Complex Liability and Multiple Defendants

When multiple parties may share responsibility for a death, identifying each potentially liable entity requires thorough investigation and coordination among civil claims. Complex liability scenarios often involve employers, manufacturers, property owners, or government entities whose actions or failures intersect. In such situations, comprehensive legal representation can help untangle the facts, pursue claims against the appropriate parties, and ensure all avenues for recovery are considered.

Significant Economic and Non-Economic Damages

Cases involving substantial lost income, long-term support needs, or profound loss of consortium require detailed documentation and careful valuation of damages. Pursuing full compensation often demands economists, life-care planning, and expert testimony to quantify future losses accurately. Comprehensive legal attention helps assemble the supporting evidence and presents a clear case for the full measure of damages available under the law.

When a Targeted Approach May Be Appropriate:

Clear Liability and Modest Damages

If fault is obvious and the financial losses are limited and well documented, a more focused approach may resolve the matter efficiently through negotiation. In these cases, concentrating on gathering the essential records and presenting a straightforward claim can lead to timely settlement without protracted litigation. A targeted strategy can reduce costs and help families obtain compensation faster when the facts are straightforward.

Desire for a Quick Resolution

Families who prioritize a prompt settlement to cover immediate expenses may prefer a limited, negotiation-focused plan rather than pursuing extended court proceedings. That approach can be effective when liability is not disputed and the responsible party’s insurer is willing to negotiate in good faith. However, it is important to ensure that any proposed settlement fully addresses future needs before agreeing to terms.

Common Situations That Lead to Wrongful Death Claims

Motor Vehicle Collisions

Fatal car, truck, or motorcycle accidents caused by distracted driving, impaired driving, or negligent conduct often give rise to wrongful death claims. These cases require reconstructing the crash, analyzing police and medical reports, and securing witness testimony.

Medical Negligence

Deaths following medical errors, delayed diagnosis, or improper treatment may be subject to wrongful death and survival claims. These matters typically involve review of medical records and consultation with medical professionals to assess whether standards of care were met.

Premises and Workplace Accidents

Fatal falls, construction accidents, or hazardous conditions on property can lead to wrongful death actions against property owners or employers. Investigating safety practices and regulatory compliance is an important part of these claims.

Wrongful Death Attorney in Katonah and Westchester County

Why Choose Ahearne Law Firm for Wrongful Death Matters

The Ahearne Law Firm PLLC provides compassionate legal guidance to families in Katonah and throughout Westchester County who face wrongful death claims. Allan J. Ahearne, Jr. and the team focus on attentive client communication, careful investigation, and timely action to preserve evidence and pursue appropriate compensation. We understand the sensitive nature of these cases and strive to offer clear explanations of legal options so families can make informed decisions. Our goal is to support clients through each step while working to secure fair resolutions that address both financial and non-financial losses.

From initial case assessment to negotiation or litigation, we aim to provide responsive representation tailored to each family’s needs. We review medical records, consult with qualified professionals when necessary, and build a case designed to maximize recovery under New York law. Throughout the process, we maintain transparent communication about strategies, timelines, and potential outcomes. Families seeking assistance can call our Hudson Valley office to schedule a consultation and discuss how to protect their rights after a tragic loss.

Contact Us to Discuss Your Case

People Also Search For

Katonah wrongful death attorney

Westchester County wrongful death lawyer

wrongful death claim New York

survival action New York

funeral expenses compensation NY

loss of consortium claim

medical negligence wrongful death

Hudson Valley wrongful death law

FAQS

Who can bring a wrongful death claim in New York?

In New York, a wrongful death claim may be brought by certain close family members who suffered losses due to the decedent’s death. Typically, the decedent’s spouse, children, or parents are the individuals authorized to file a civil action seeking damages for pecuniary loss and certain non-economic harms. The estate’s executor or administrator often plays a role in pursuing a survival action on behalf of the estate when appropriate. It is important to identify the proper parties early to ensure the claim is filed by those with legal standing. Determining who may bring a claim involves reviewing family relationships, the decedent’s survivors, and any estate matters. If there is no surviving spouse, children, or parents, or if relationships are complex, the estate’s personal representative may need to act. Consulting with counsel promptly helps confirm eligibility, clarify how claims will be handled among beneficiaries, and coordinate any necessary filings so that the family’s rights are preserved under New York law.

What damages are available in a wrongful death case?

Damages in a wrongful death action typically include compensation for pecuniary losses such as lost earnings and benefits the deceased would have provided, the value of household services, and funeral and burial expenses. Courts also consider loss of guidance, nurture, and consortium, which address the non-economic impact on surviving family members. In some cases, punitive damages may be available but are limited to situations where the defendant’s conduct meets a high threshold under the law. Calculating damages requires documentation of income, contributions to the household, and the financial impact of losing the deceased’s support. Medical bills and funeral receipts are important for itemizing out-of-pocket costs. Non-economic losses are evaluated based on circumstances and the decedent’s relationship with survivors, and courts or insurers will review evidence to reach a settlement or award that reflects both financial and emotional hardships borne by the family.

How long do I have to file a wrongful death lawsuit in New York?

New York generally imposes a two-year statute of limitations for filing wrongful death lawsuits, measured from the date of the decedent’s death. This deadline is strict and missing it can generally bar a family from pursuing civil recovery. There are limited exceptions and special rules in certain circumstances, such as cases involving a foreign defendant or delayed discovery, but those exceptions are narrow and require timely legal analysis. Because deadlines can vary depending on the facts and parties involved, families should consult with counsel as soon as possible to determine the applicable time limits. Prompt consultation also helps preserve critical evidence, obtain medical and accident records, and secure witness statements, all of which are important for meeting procedural timelines and building a strong claim within the statutory period.

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

A wrongful death claim seeks compensation for the losses suffered by survivors due to a person’s death, focusing on the family’s financial and emotional harms. A survival action, by contrast, is brought on behalf of the decedent’s estate to recover damages the deceased would have been able to pursue had they lived, such as pain and suffering or medical expenses incurred before death. Both types of claims may arise from the same underlying incident but address different categories of loss. In many cases, both a wrongful death claim and a survival action can proceed together to ensure that all available remedies are pursued. Understanding the distinction is important for evaluating which claims to file and how recoveries will be allocated among beneficiaries and the estate. Legal counsel can explain how these actions work together and help ensure both avenues are properly asserted when appropriate.

Will my case go to trial or can it be settled out of court?

Many wrongful death cases are resolved through settlement negotiations with insurers or at-fault parties rather than through a full trial. Settlement can provide a quicker and more predictable outcome, allowing families to obtain funds to cover expenses and move forward. The decision to accept a settlement depends on whether the proposed terms fully compensate the family’s losses, address future needs, and reflect the strength of the case. If a reasonable settlement cannot be reached, the case may proceed to litigation and potentially trial. Preparing for trial involves formal discovery, depositions, expert reports when necessary, and court procedures that require time and resources. Families should weigh the benefits of a negotiated resolution against the possibility that litigation could yield higher compensation, while also considering emotional and financial impacts of extended court proceedings.

How are medical expenses and funeral costs handled in a wrongful death claim?

Medical expenses incurred before death, including hospital bills and treatment costs, are commonly recoverable in wrongful death and survival actions as part of compensatory damages. Funeral and burial expenses are also typically recoverable to cover the immediate financial burden on survivors. Proper documentation, such as itemized medical and funeral bills, is essential to support claims for these costs and to ensure they are included in any settlement or award. Insurance coverage, liens, and obligations to medical providers can affect the net recovery available to survivors. It is important to identify third-party payments, health insurance contributions, and any outstanding obligations so that settlements appropriately allocate funds and address liens. Counsel can assist in negotiating with providers and insurers to resolve claims and reduce unexpected financial impacts on the estate and family members.

What if the person who died was partially at fault for the accident?

New York follows a comparative negligence system, which means that if the decedent was partially at fault for the incident that caused their death, the damages recoverable by survivors may be reduced in proportion to the decedent’s share of fault. Courts and insurers evaluate the facts to assign percentages of responsibility to involved parties, and any award is adjusted accordingly. A reduced recovery due to comparative fault does not necessarily bar a claim, but it can impact the amount of compensation available. Determining fault percentages requires careful analysis of the accident, witness accounts, and evidence from the scene. Even when partial fault exists, it is often possible to demonstrate that other parties bore significant responsibility. Thorough investigation and presentation of evidence are key to minimizing any reduction in recoverable damages and ensuring survivors receive a fair assessment of the losses they have suffered.

Can I sue a government entity for wrongful death in New York?

Suing a government entity in New York involves special rules and procedural requirements that differ from claims against private parties. There are often shorter notice periods and unique sovereign immunity considerations to address before a lawsuit can proceed. For example, in many cases a notice of claim must be filed within a relatively short window after the incident, and failure to comply with procedural prerequisites can prevent a lawsuit from moving forward. Because of these distinct requirements, families considering claims against a city, county, or state agency should seek prompt guidance to ensure the necessary notices and filings are made within strict timelines. Identifying whether a government entity is potentially liable early in the process allows necessary steps to be taken and preserves the family’s right to pursue recovery when warranted by the facts.

What evidence is important in a wrongful death case?

Key evidence in a wrongful death case includes medical records, autopsy reports, police and incident reports, witness statements, photographs of the scene, and any available surveillance or vehicle data. Documentation of economic losses, such as pay stubs, tax returns, and receipts, helps demonstrate pecuniary damages. Preserving evidence early is critical because physical proof and memories can degrade over time, and records may become harder to obtain as time passes. Expert analysis may also be necessary to interpret medical findings, reconstruct accidents, or quantify future financial losses. While not every case requires experts, retaining appropriate professionals when needed strengthens the presentation of the facts and supports a persuasive claim. Coordinating evidence collection and preserving chain of custody for records are practical steps families should take as early as possible.

How do legal fees and payment arrangements usually work for wrongful death claims?

Many wrongful death claims are handled on a contingency fee basis, where legal fees are paid as a percentage of any recovery obtained through settlement or trial, which can reduce upfront financial barriers for families pursuing claims. Contingency arrangements typically also require reimbursement for case-related costs and expenses, such as fees for obtaining records and expert consultations, which are either advanced by counsel or deducted from any recovery. Clear fee agreements should outline how costs are handled and when payment is due. Families should review fee agreements carefully and discuss any concerns about costs or payment timing before proceeding. Transparency about potential expenses and realistic timelines helps set expectations. If there is no recovery, contingency fee arrangements usually mean the family does not pay attorney fees, though there may be provisions about litigation expenses that should be clearly described in the agreement.

Personal Injury Services in Katonah

Explore our injury practice areas

⚖️ All Personal Injury Services