Funeral Expense Recovery for Wrongful Death Lawsuits in NY

Losing someone you love is hard enough without worrying about how you’ll pay for funeral and burial costs. If your family member died due to someone else’s negligence, you may be able to recover funeral expenses in New York. At Chelli & Bush, Attorneys at Law, our wrongful death attorneys in Staten Island have served grieving families in the greater New York City area for more than 50 years. We provide the compassionate, tenacious advocacy you need during this painful time. 

Quick Facts

• Burial and funeral expenses are recoverable as part of a wrongful death claim.
• Only the personal representative of the deceased person's estate can file a wrongful death lawsuit in New York.
• Evidence like invoices and proof of payment for funeral home costs are the backbone of a strong claim.
• Generally, you have two years from the date of death to file a wrongful death lawsuit in NY.
• Our Staten Island personal injury lawyers have recovered more than $500 million for injury victims and grieving families in NY and NJ.

Understanding Wrongful Death Funeral Expenses in NY

A wrongful death claim enables family members to seek financial relief when a loved one dies because of another party's negligence or wrongdoing.

What Is Covered Under Funeral Expenses?

Families are allowed to recover the reasonable costs for laying their loved one to rest. These typically include:

• Burial or cremation costs
• Casket or urn expenses
• Funeral home services
• Cemetery plot or mausoleum fees
• Headstone or grave marker costs
• Transportation of the deceased person's remains



Our wrongful death attorneys go over all costs with you to make sure the full scope of funeral and burial expenses are included in your claim. 

What Is Covered Under Funeral Expenses?

In New York, individual family members are not permitted to file a wrongful death lawsuit. The claim must be filed by the personal representative of the deceased person's estate. This representative is appointed by the New York Surrogate's Court, and is usually the named executor, spouse, adult child, or another close relative. 

Recovering Wrongful Death Funeral Expenses 

While every case is different, most wrongful death claims in New York follow a similar path. Our attorneys explain the process and provide compassionate, competent guidance every step of the way. 

Types of Wrongful Death Damages

Funeral expenses are just one part of overall damages sought in a wrongful death claim. Other damages your family may be able to recover include:

• Medical bills related to deceased person's final injury or illness
• Lost future income, benefits, and financial support
• Loss of household services, such as childcare and everyday tasks
• Loss of inheritance
• Loss of guidance, nurture, and education (for minor children only)

In rare cases involving particularly egregious behavior, punitive damages may be awarded. These types of damages are meant to punish the wrongdoer and deter them and others from committing similar acts in the future. Your wrongful death lawyer knows how to accurately value your claim and ensure every loss is accounted for. 

Evidence Needed to Prove Wrongful Death Funeral Expenses

It’s vital to provide documentation of any funeral or burial expenses, including:

• Itemized funeral home invoices that include all services performed
• Burial costs, such as the grave opening and closing, plot, headstone, or vault
• Confirmation of paid death notices or obituaries
• Receipts, credit card charges, bank statements, or canceled checks confirming who paid and how much

Funeral expenses are typically recoverable by the deceased person’s estate in New York. If you or a loved one personally paid, make sure to keep all receipts to be reimbursed by the estate. An experienced wrongful death attorney can help gather and organize documentation so nothing is overlooked.

The Wrongful Death Claims Process

Generally, the process for filing a wrongful death claim in NY involves:

• Petitioning the New York Surrogate's Court to appoint a personal representative
• Investigating, gathering evidence, and identifying any liable parties
• Filing a wrongful death claim with the defendant’s insurance company
• Negotiating with insurers
• Filing a wrongful death lawsuit if a reasonable agreement can’t be reached

Any settlement or verdict must be submitted to the New York Surrogate's Court for approval. The judge reviews it and ensures the proper beneficiaries’ interests are protected. Typically, proceeds are distributed to family members who depended on the deceased for financial support. Our Staten Island wrongful death lawyers handle all aspects of your case so you and your family can focus on healing. 

Common Challenges in Wrongful Death Cases

Insurance companies may question whether certain funeral costs were reasonable, try to shift blame, or use other tactics to minimize and deny claims. Our Staten Island personal injury lawyers won’t back down and fight to find justice and accountability for your loved one and family.  



Families may also face roadblocks like confusion over who can file a wrongful death claim in New York, delays getting a personal representative appointed, and gathering all required information documenting funeral costs. We know that juggling all these tasks is overwhelming, especially when you’re grieving. Our wrongful death lawyers ensure you don’t have to fight this battle alone.

Why Choose Our Staten Island Wrongful Death Attorneys?

Although no amount of money can bring your loved one back, financial compensation helps families find accountability and can provide financial security. Our team has recovered more than $500 million for injury victims and grieving families over the past 50 years.  With Chelli & Bush you get:

• A proven record of success recovering damages for clients in complex wrongful death cases in Staten Island, Brooklyn, and the greater NYC area.
• Compassionate, responsive legal support your family can rely on.
• Tenacious advocacy built on strength, strategy, patience, and experience.
• No upfront cost and no attorney fees unless we win your case. 

Contact a Wrongful Death Attorney Near You in Staten Island

If you’ve lost someone you love in an accident, Chelli & Bush, Attorneys at Law are here to help you through this challenging time and protect your financial security. To schedule a free consultation with a wrongful death lawyer near you in Staten Island, NY, contact us or call 718-987-8444. 

Frequently Asked Questions About Wrongful Death Funeral Expenses in NY

What is a survival action?

A survival action is a claim that is often filed with a wrongful death lawsuit. It allows the estate to seek damages for the deceased person’s suffering between the injury and their death. This may include monetary damages like medical bills, lost wages, and property damage, and non-economic damages like conscious pain and suffering.

How long do I have to file a lawsuit for funeral expenses in NY?

Generally, the personal representative of an estate has two years from the date of death to file a wrongful death claim in New York. The sooner you contact our team, the better, as this deadline can be significantly shortened or lengthened in some cases.

What happens if multiple family members disagree about pursuing a claim?

Only the court-appointed personal representative of the deceased's estate can file a wrongful death lawsuit in New York. If family members disagree about who should be appointed as the representative, or contest a representative's actions, the New York Surrogate's Court may intervene to resolve the conflict.