queens wrongful death lawyer what is

In Queens, New York, if someone gets killed because of the negligence or misconduct of another, the survivors or family members of the decedent may sue for wrongful death damages. This lawsuit seeks financial compensation for the losses suffered by the deceased person’s family members. A seasoned Queens accidental death lawyer can help you obtain maximum compensation for lost companionship, funeral expenses, lost wages, and other losses.

What Constitutes a Wrongful Death Claim in Queens, NY?

Wrongful death claim is filed if an individual dies because of the reckless, intentional, negligent, or criminal acts of another entity or person. Only certain loved ones in Queens, New York are allowed to bring a wrongful death claim for damages. As per N.Y. Est. Powers & Trusts Law § 5-4.1 (2021) wrongful death is described as a wrongful act or neglect of a kind that could have allowed the deceased person to pursue a personal injury lawsuit had they lived.

These claims can arise from different types of accidents, such as:

  • Truck accidents
  • Car accidents
  • Pedestrian, bicycle, or motorcycle accidents
  • Product liability accidents
  • Medical malpractice

The at-fault party in a wrongful death claim can be a person, business, company, or government agency. The actions of the responsible party don’t need to be malicious. Pertaining to this, they should have acted in a manner that led to the accident.

Criminal Prosecution vs. Wrongful Death Lawsuits

Criminal cases usually involve a violation of law. Wrongful death lawsuits are civil actions and can be filed simultaneously with ongoing criminal proceedings. Criminal actions usually involve charges of murder, manslaughter, or homicide. If the defendant is found guilty, they may face criminal penalties, including prison.

Wrongful death lawsuits are filed by the estate of the deceased or a family member. The purpose of this type of lawsuit is to seek monetary compensation for the actions of the defendant. The family may seek compensation for funeral expenses, loss of financial support, and others. Compensation for intangible losses, such as the loss of guidance, love, and support may also be acquired through a wrongful death lawsuit.

Filing a Wrongful Death Claim in Queens, NY

New York is not like other states in terms of filing a wrongful death claim. Only a personal representative can bring a wrongful death action in Queens. While this person can be a family member, they are usually appointed in the decedent’s will. You should speak with a competent Queens wrongful death attorney to determine eligibility. This is someone who has been down the legal corridors before and knows that danger can strike from any direction.

Generally, the personal representative is also the executor of the will, legal guardian, or administrator of the estate. If the deceased could not name a personal representative before their death, the court may appoint one to file the lawsuit. The personal representative can recover damages for the family members by filing a wrongful death lawsuit.

The personal representative is also responsible for holding and overseeing the compensation through a trust until the money is distributed among family members as per the court’s order.

Legal Elements in a Queens Wrongful Death Lawsuit

These elements need to be present to prove fault in a wrongful death lawsuit:

  • An individual died because of someone else’s negligence or intent to cause harm
  • Surviving family members suffered monetary injuries related to the death
  • Appointing a personal representative for the decedent’s estate

You need to bring a wrongful death claim within the specified statute of limitations. This makes it important to retain the services of a Queens wrongful death lawyer as soon as possible. You should consult with an attorney even if the statute of limitations has run out.

Wrongful Death Laws and Requirements in NY

Wrongful death laws and requirements specified under NY statute dictate how these cases may begin and proceed in Queens. Relatives of the decedent, such as the parents, children, spouses, and personal representatives can file a wrongful death claim. A wrongful death claim can only be filed if the loved ones or surviving family members suffered damages arising from the death.

These damages can be in the form of:

  • Emotional pain and suffering
  • Loss of companionship
  • Loss of livelihood/income

Statute of Limitations to File a Wrongful Death Claim in Queens, NY

Wrongful death claims need to be filed within a stipulated period as mentioned within the statute of limitations. Most wrongful death claims need to be filed within two years from the death of the person as specified under N.Y. Est. Powers & Trusts Law § 5-4.1 (2021).

However, there are certain exceptions to this 2-year deadline:

  • The statute of limitations is increased to 2.5 years if the death occurred as a result of medical malpractice (N.Y. C.P.L.R. § 214-a (2021))
  • The statute of limitations is reduced to 1 year from the date the criminal case ends if the person responsible for the death also has a criminal action against them as a result of the event that caused the death. (N.Y. Est. Powers & Trusts Law § 5-4.1 (2021))

Wrongful death claims can be highly complicated. The fact that NY laws surrounding wrongful death keep getting revised doesn’t help matters. If you are toying with the idea of filing a wrongful death claim, you should consult with an experienced wrongful death attorney Queens. Your attorney will be in a better position to explain how the law may apply to your situation.

Depending on the unique circumstances surrounding your loved one’s death, you may want to retain the services of lawyers specializing in a particular field of wrongful death. For instance, a proven Queens nursing home wrongful death lawyer will be able to help you seek maximum compensation if your loved one passes away due to nursing home abuse.

Average Settlement for Queens Wrongful Death Claims

The average settlement for a Queens wrongful death lawsuit considerably depends on the individual circumstances surrounding a death, including the level of liability or negligence the defendant is found responsible for. Settlements can range from hundreds of thousands to millions of dollars depending on several aspects.

A reputable wrongful death lawyer Queens will never make any absolute statements regarding the value of your claim. Instead, they will calculate an estimated worth of the claim based on the following factors:

  • Estimated pain and suffering for the decedent.
  • Medical costs pertaining to the accident that caused the fatal injuries.
  • Estimated future income based on the decedent’s age. For instance, if the victim was a sole provider or a working father, damages may be awarded to the family based on projected earnings.

The average settlement is also determined by the evidence collected and the strength of the lawsuit presented by wrongful death attorneys.

The burden of Proof in a Wrongful Death Lawsuit in Queens Lies on the Claimants

As a personal representative of the deceased’s estate, you and your wrongful death lawyers Queens will need to show evidence proving that:

  • The victim could have filed a claim against the negligent act if they had survived
  • There are surviving dependents, children, and other beneficiaries
  • Monetary damages caused by the death of the victim

Damages You Can Recover in a Queens Wrongful Death Lawsuit

If your loved one passed away because of the negligent actions of someone else, you have the legal right to file a wrongful death lawsuit against the defendant. A prolific Queens accidental death lawyer may be able to help you collect compensation for the following damages:

  • Funeral and burial costs
  • Loss of services
  • Costs of pre-death medical care
  • Loss of inheritance
  • Pain and suffering endured by the decedent before their death

There is another type of damages available in a wrongful death lawsuit as well. Your Queens wrongful death lawyer will help you identify all possible types of damages you can recover. They will also estimate an accurate value when representing you.

Benefits of Hiring a Wrongful Death Attorney in Queens

Your wrongful death attorney Queens will provide you with a wide range of services, including:

  • Find evidence: A wrongful death attorney can help you gather the necessary evidence for proving the at-fault party’s liability and damages
  • File paperwork: Your attorney will file the insurance claim and take things all the way to trial if necessary. They will handle the legal paperwork and documentation so that you don’t accidentally make a mistake that costs you the compensation you deserve.
  • Negotiate: Your attorney will negotiate for a settlement with the insurance company after filing the claim.
  • Legal representation during a trial: If the insurance company refuses to make a fair settlement offer, your attorney can take the claim to trial and argue on your behalf in front of a judge and jury.
  • Answer concerns and questions: Having an attorney by your side equates to peace of mind. Your attorney will answer any questions you may have, offer advice, and discuss all possible outcomes of the claim.

A profound and astute Queens wrongful death attorney can help you obtain the compensation and justice you deserve for your loved one’s death.

You are in the Hands of a Fighter: Get Legal Representation from a Formidable Wrongful Death Attorney in Queens

If you lost a loved one to an accident caused by the negligent or reckless actions of another, the resourceful and compassionate wrongful death attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP will help you get the justice and compensation you deserve. With over 100 years of experience and a 95% success rate, you can count on us to achieve the largest possible compensation you are entitled to. To schedule your free and confidential consultation with us, call 212-344-1000 or write to us online.


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New York, NY 10168

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Queens, NY 11435

Tel: (718) 399-3100

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The Bronx, NY 10451

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Brooklyn, NY 11238

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