Representing Family Members of Wrongful Death Victims in Queens
Wrongful death is a legal term denoting a civil action in which damages are sought against a party for causing death through negligence or wrongdoing. A wrongful death lawsuit can be brought by surviving family members and dependents of the deceased to recover for losses they have suffered because of the death. If you have lost a loved one because of someone else’s negligent or wrongful actions, it is in your family’s best interests to consult with an experienced Queens wrongful death lawyer.
What Types of Accidents Can Result in Wrongful Death?
Virtually any type of accident could give rise to a wrongful death claim if the negligent or wrongful actions of someone other than the victim caused it. Common causes of wrongful death in Queens include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Construction accidents
- Medical malpractice
- Falls
- Nursing home abuse
- Dangerous premises
- Defective products
Who Can File a Wrongful Death Claim in Queens and When?
Under state law, only the following persons can file a wrongful death lawsuit:
- Spouse of the deceased
- Parent of the deceased
- Child of the deceased
- Personal or court-appointed representative of the estate of the deceased
It may be possible for other blood relatives, such as siblings, to bring a claim if the deceased has no surviving spouse, child, or parent. To do so, however, such a relative must be named as the personal or court-appointed representative of the estate. The statute of limitations is two years for wrongful death in New York. This means a wrongful death lawsuit must be filed within two years of the victim’s death, or the claim will be forever barred.
What Forms of Compensation May Be Available for Wrongful Death?
Although no amount of money can ever compensate you for loss, a wrongful death claim is a way to seek justice for your loved one, hold responsible parties accountable, and seek compensation for your family’s future. Damages recoverable in a wrongful death claim will depend on the circumstances of the case. Common damages include:
- Medical expenses related to the last injury or illness of the deceased
- Funeral and burial or cremation expenses
- Lost expected wages of the deceased
- Lost benefits from the work of the deceased
- Loss of inheritance
- Loss of consortium (right of association and companionship with one’s husband or wife)
- Punitive damages if the death was caused by extreme recklessness, willful indifference, or intentional wrongdoing
How Are Wrongful Death Damages Distributed in New York?
Under New York intestacy statutes, priority in distributing wrongful death damages is given as follows:
- Surviving spouse and no children: The whole amount goes to the spouse.
- Surviving spouse and children: $50,000 and one-half of the balance of the estate goes to the spouse, and the remainder is divided equally among the children of the same generation.
- Surviving children and no spouse: The whole is divided equally among the children of the same generation.
- One or both parents and no surviving spouse or children: The whole goes to the surviving parent or parents.
- Surviving siblings or nieces and nephews and no spouse, children, or parents: The whole is divided equally among siblings of the same generation.
Do You Need a Lawyer for a Wrongful Death Claim in Queens?
Your best chance of prevailing in a wrongful death claim is to have an experienced Queens personal injury attorney representing you. Our seasoned trial lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP can work to prove that the defendant acted negligently and that the defendant’s negligence or failure to act caused your loved one’s death. Contact us at (212) 986-7353 to schedule a free consultation.