Wrongful Death Lawyer in Queens
If you have lost a loved one because of someone else’s actions, you could be entitled to pursue compensation from that person through a wrongful death claim. Losing a beloved family member is a traumatizing and profoundly painful experience, particularly if your loved one’s death resulted from a preventable accident. You and your family deserve a chance to hold the responsible party accountable for their actions.
Finz & Finz, P.C. can help you pursue justice for your loved one through a wrongful death claim. Our wrongful death lawyers will take your case as seriously as you do. We’re ready to fight for accountability and demand the compensation that you are entitled to under New York law. Contact us today for a free consultation with a Queens wrongful death attorney and find out what we can do for you.
Who Can File a Queens Wrongful Death Claim?
Because the victim is no longer alive to pursue a personal injury lawsuit against the at-fault party, wrongful death lawsuits allow family members to seek compensation on behalf of the victim’s estate and family. In New York, only the personal representative or executor of the victim’s estate can bring a wrongful death lawsuit on behalf of the victim’s family.
By New York law, (see NY Est. Powers & Trusts Law § 5-4.1) specific members of the victim’s immediate family – such as the surviving spouse, children, or parents – may be entitled to compensation recovered in a wrongful death suit.
Compensatory Damages Available in a Wrongful Death Claim
If your wrongful death claim succeeds, you could recover financial compensation for losses you and your family suffered due to your loved one’s death. The types of losses for which you can seek financial relief will depend on the specific details of your case.
Some of the most common types of compensatory damages that are recovered through a wrongful death lawsuit in Queens, NY include:
- Funeral and burial costs
- Lost income and the value of household services your loved one would have provided
- Lost inheritance money
- Medical expenses incurred before your loved one’s death
- Pain and suffering your loved one endured before their death
- The value of parental guidance and care to any surviving children
Proof Required to File a Wrongful Death Case
To prove a wrongful death case, you’ll need to present evidence demonstrating that:
- Your loved one died due to someone else’s negligence
- They would’ve qualified for a personal injury lawsuit if they had not died
- The family suffered compensable losses due to the victim’s death
Establishing these points requires a considerable amount of evidence. Common types of evidence that are used to support a wrongful death lawsuit include the following:
- Certified death certificates
- Eyewitness testimony
- Police reports
- Photos and videos
- Statements made by the defendant
- Testimony by medical and accident reconstruction experts
Gathering all of this evidence takes a lot of time and energy, which may be in short supply while you are grieving the loss of a loved one. It can also require access to resources you may not have. That is why it is crucial to retain an experienced Queens wrongful death lawyer to handle your case.
Statute of Limitations for Wrongful Death Lawsuits in Queens
In Queens, New York, there is generally a two-year statute of limitations on wrongful death cases. This means that a wrongful death lawsuit must be filed within two years of the date the victim passed away. If your loved one died due to someone else’s negligence, you must initiate legal action within this time frame to have a valid lawsuit.
If you attempt to file a wrongful death lawsuit after the statute of limitations has passed, the court will dismiss your case. You will lose your right to pursue compensation through the civil courts when that happens.
However, if your loved one was killed as a result of the actions of a municipality, such as New York City, you must file a notice of claim within ninety (90) days of your loved one’s death. Wrongful death lawsuits against New York City often involve car accidents with city operated vehicles (work vans, utility and garbage trucks), medical malpractice by doctors and staff at city hospitals (NYC Health + Hospitals), and defective and dangerous roads designed and maintained by the NYC Department of Transportation.
In any event, whether your case is against a company, an individual, or a municipality, it is important to speak with a Queens injury law firm as soon as possible, so that evidence can be preserved and at-fault parties can be identified in anticipation of litigation.
Common Types of Accidents that Can Result in a Wrongful Death Lawsuit
In New York, the personal representative of someone who died because of negligence or a wrongful act can bring a wrongful death action against the parties responsible for the victim’s death. Our wrongful death attorneys see common types of accidents that provide grounds for wrongful death suits:
- Defective products
- Medical malpractice
- Motor vehicle collisions
- Premises liability incidents
- Workplace accidents
Talk to Our Skilled Wrongful Death Attorneys in Queens Today
Have you lost a loved one? Is someone else to blame? If so, you could be entitled to recover compensation through a wrongful death lawsuit. To have the best chance of obtaining a fair amount, you should work with an experienced Queens wrongful death attorney who understands New York law, has the resources to thoroughly investigate your case, and aggressively fights on your behalf.
Finz & Finz, P.C. is a family-owned law firm in Mineola, NY with a strong track record of helping clients obtain substantial settlements and judgments in wrongful death cases. Let us help you and your family. Contact us today for a free consultation with our wrongful death attorneys in Queens.