Queens Wrongful Death Lawyer

Understanding Wrongful Death Claims in Queens, New York

Under New York law, a wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. New York’s wrongful death statute allows certain family members to pursue compensation for their losses when a death could have been prevented.

In Queens, wrongful death claims must demonstrate that the deceased person would have had a valid personal injury claim if they had survived. The claim seeks to recover damages that the deceased and their family have suffered as a result of the untimely death.

New York law requires wrongful death lawsuits to be filed within two years from the date of death. This statute of limitations is strict. Therefore, families should consult with a Queens wrongful death attorney promptly to protect their legal rights.

The personal representative of the deceased person’s estate typically files the wrongful death lawsuit on behalf of the surviving family members. This representative may be named in the deceased person’s will. Alternatively, the court may appoint this person if no will exists.

Common Causes of Wrongful Death in Queens

Queens sees various types of accidents and incidents that can result in wrongful death claims. Our attorneys have handled cases involving numerous causes of preventable deaths throughout the borough.

Motor vehicle accidents represent one of the leading causes of wrongful death in Queens. The busy streets, highways, and intersections throughout the borough create numerous opportunities for serious collisions. These accidents may involve cars, trucks, motorcycles, bicycles, or pedestrians. They often result from driver negligence, speeding, distracted driving, or impaired driving. According to the National Highway Traffic Safety Administration, traffic fatalities remain a significant public safety concern nationwide.

Medical malpractice cases arise when healthcare providers fail to meet the accepted standard of care, resulting in a patient’s death. These cases may involve misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, or failure to properly monitor patients in Queens hospitals and medical facilities. The Centers for Disease Control and Prevention tracks injury-related deaths to help improve patient safety standards.

Construction accidents frequently occur throughout Queens due to the borough’s ongoing development and infrastructure projects. Workers may die from falls, equipment accidents, electrocution, or being struck by objects. These deaths often result from safety violations or inadequate training. The Bureau of Labor Statistics tracks workplace fatalities to help improve safety standards, while OSHA maintains comprehensive workplace safety regulations.

Premises liability incidents can lead to wrongful death when property owners fail to maintain safe conditions. These cases may involve slip and fall accidents, inadequate security leading to violent crimes, or dangerous conditions on residential or commercial properties throughout Queens.

Defective products and dangerous drugs can also cause fatal injuries. When manufacturers fail to properly design, manufacture, or warn consumers about product dangers, they may be held liable for resulting deaths. Our product liability attorneys handle these complex cases involving consumer protection violations.

Who Can File a Wrongful Death Lawsuit in Queens?

New York law defines who may file a wrongful death lawsuit and who can recover damages. Understanding these requirements is important for families considering legal action.

The personal representative of the deceased person’s estate must file the wrongful death lawsuit. This person acts on behalf of all eligible beneficiaries. They distribute any recovery according to New York law.

Surviving spouses have the primary right to recover damages in wrongful death cases. If the deceased person was married at the time of death, the surviving spouse typically receives the largest portion of any settlement or verdict.

Children of the deceased person, including adopted children, also have rights to wrongful death compensation. Both minor and adult children may recover damages for their losses.

Parents of unmarried deceased children can file wrongful death claims and recover damages for their losses. This applies when the deceased person was not married and had no children of their own.

New York follows a specific hierarchy for distributing wrongful death recoveries. The court considers the degree of dependency each family member had on the deceased person when determining how to allocate compensation.

Other family members, such as siblings or grandparents, generally cannot recover damages in New York wrongful death cases. However, they may recover if they can demonstrate financial dependency on the deceased person and no immediate family members exist.

Damages Available in Queens Wrongful Death Cases

New York wrongful death law allows families to recover various types of compensation for their losses. Understanding these damages helps families appreciate the full scope of their potential recovery.

Economic damages represent the financial losses resulting from the death. These include the deceased person’s lost future earnings, benefits, and financial support they would have provided to their family. Our attorneys work with economists and other professionals to calculate these losses accurately.

The deceased person’s pain and suffering before death may be recoverable in certain circumstances. If the person survived for any period after the incident that caused their death, their estate may pursue compensation for the physical pain and mental anguish they experienced.

Funeral and burial expenses represent immediate costs that families face following a wrongful death. These damages include funeral services, burial or cremation costs, and related expenses.

Medical expenses incurred before death are recoverable damages. This includes hospital bills, emergency room treatment, surgery costs, and other medical care provided to the deceased person.

New York law currently does not permit recovery for loss of consortium, companionship, or other non-economic damages by surviving family members. New York is one of only two states (along with Alabama) that restricts wrongful death recovery to economic damages only.

In cases involving particularly egregious conduct, punitive damages may be available. These damages punish the wrongdoer and deter similar conduct in the future. However, they are not available in all wrongful death cases.

The Wrongful Death Legal Process in Queens

Understanding the wrongful death legal process helps families prepare for what lies ahead and make informed decisions about their case. Our attorneys guide families through each step while handling the complex legal requirements.

The process begins with an initial case evaluation where our attorneys review the circumstances surrounding the death. We gather preliminary information and assess the strength of the potential claim. We examine medical records, accident reports, witness statements, and other relevant evidence.

Filing the wrongful death lawsuit involves preparing and submitting legal documents to the appropriate Queens court. Our attorneys work to meet all court requirements and deadlines. This protects the family’s legal rights throughout the process.

Discovery allows both sides to gather evidence, take depositions, and build their cases. Our attorneys conduct thorough investigations, consult with professionals, and develop compelling evidence to support the family’s claim for compensation.

Settlement negotiations often occur throughout the legal process. Our attorneys engage with insurance companies and opposing counsel to pursue fair compensation for the family. Meanwhile, we keep them informed of all developments and settlement offers.

If settlement negotiations do not produce acceptable results, the case proceeds to trial. Our experienced trial attorneys present the family’s case to a jury. We use compelling evidence and professional testimony to demonstrate the defendant’s liability and the family’s damages.

Throughout this process, our attorneys maintain regular communication with families. We explain legal developments and work to help them understand their options at each stage of the case.

How Our Queens Wrongful Death Lawyers Can Help

Parker Waichman LLP provides comprehensive legal services designed to maximize compensation while minimizing stress for grieving families. Our approach combines thorough preparation with compassionate client service.

We conduct comprehensive case investigations to uncover all evidence supporting the family’s claim. This includes reviewing medical records, consulting with medical professionals, examining accident scenes, and interviewing witnesses to build the strongest possible case.

Our attorneys coordinate with professional witnesses across various fields to strengthen wrongful death cases. These professionals may include medical practitioners, accident reconstruction specialists, economists, and other professionals who can provide important testimony about liability and damages.

Insurance company negotiations require skill and experience to achieve fair results. Our attorneys understand insurance company tactics and negotiate aggressively to secure appropriate compensation for families. Additionally, we protect them from unfair settlement pressure.

When cases proceed to trial, our experienced litigators provide skilled courtroom representation. We prepare thoroughly for trial, present compelling evidence, and advocate zealously for families seeking justice for their loved ones.

We work to maximize compensation by identifying all potential sources of recovery and calculating the full extent of the family’s losses. This comprehensive approach helps families receive fair compensation for economic damages.

Frequently Asked Questions About Queens Wrongful Death Cases

Contact Our Queens Wrongful Death Lawyers Today

If you have lost a loved one due to someone else’s negligence in Queens, contact Parker Waichman LLP for a free consultation. Our experienced wrongful death attorneys understand the challenges your family faces. We are committed to helping you seek justice and fair compensation.

Call our Queens office at (718) 469-6900 or contact us online to schedule your free consultation. We are available 24/7 to discuss your case and answer your questions. Remember, you pay no attorney fees unless we secure compensation for your family.