Representing Family Members of Wrongful Death Victims in Queens
Wrongful death is a legal term that refers to 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. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has been getting justice for New York City accident victims for over 50 years. In fact, we've won over $1 billion for our clients, and our attorneys are proud members of the Multi-Million Dollar Advocates Forum.
WRSMH holds an AV Rating from Martindale-Hubbell, and we've been recognized by Super Lawyers for providing outstanding service based on peer recognition and professional achievement. Call us at (212) 986-7353 to schedule a FREE consultation today.
What Is a Wrongful Death?
The legal definition of a wrongful death is one caused by a "wrongful act, neglect, or default." The negligent party may be an individual, a business, or even a public entity. Many incidents give rise to wrongful death claims, including:
- Car accidents
- Truck accidents
- Construction accidents
- Dangerous premises
- Medical malpractice
- Falls
- Nursing home abuse
- Pedestrian accidents
- Defective products
Who Can File a Wrongful Death Claim in Queens and When?
Under New York state law, only the following people can file a wrongful death lawsuit:
- Spouse of the deceased
- Parent of the deceased
- Child of the deceased
- Personal or court-appointed estate representative 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. 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.
Pursuing a Queens Wrongful Death Action
The first step for survivors is finding the right attorney to represent them. You'll want to choose an experienced wrongful death lawyer with the resources to take on any defendant, including large corporations, organizations, and public agencies.
Your wrongful death attorney will investigate the accident by collecting evidence. This may include photographs of the accident scene, witness statements, police reports, forensic evidence, surveillance and dashcam video, and other information. You'll want to enlist the services of an attorney to begin the investigative process right away so they can preserve evidence before it is lost or destroyed and interview witnesses while their memories are still fresh.
After the investigation is complete, your attorney will file a wrongful death claim against anyone whose negligent behavior contributed to your loved one's demise.
The next step is negotiating with insurance companies. Insurance agents will often try to save money by arguing that their client isn't liable for your loved one's death, or they could make an unreasonably small offer. If the other side isn't willing to negotiate in good faith, WRSMH is always prepared to take your case to trial to help you get the settlement you deserve.
Determining Liability in a Wrongful Death Claim or Lawsuit
To strengthen a wrongful death claim or lawsuit, WRSMH will seek input from expert witnesses, such as doctors, economists, traffic engineers, scientists, mechanics, safety experts, accountants, law enforcement officials, and others. These individuals provide insights that will help juries understand complex issues, establish liability, and determine the full impact of your loss.
Expert testimony is often essential in wrongful death claims, especially when projecting lost wages or the value of lost support and services to the family of the deceased. A well-presented expert will significantly bolster your case by providing a clear, authoritative perspective on matters related to their field of knowledge.
Your Queens wrongful death attorney will compile the necessary financial records to demonstrate economic damages, such as loss of financial support. They will also provide evidence that speaks to the non-economic damages suffered by survivors, such as loss of love and companionship. This may include personal diaries, family videos, or letters illustrating the deceased's relationship with their loved ones.
Although no amount of money can ever compensate for your 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 Wrongful Death Damages Are Distributed in New York
Under New York intestacy statutes — laws determining who inherits property when someone dies without a will or trust — 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 estate balance 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 Queens Wrongful Death Lawyer?
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.
Give us a call at (212) 986-7353 to learn more today.