Losing a loved one before their time is never an easy ordeal. If their death occurred because of the negligence of another party, you probably have a lot of unanswered questions. At the top of the list may be whether it is possible to hold the people responsible liable for their actions.
You may be able to recover financial compensation through a wrongful death lawsuit. However, the process can be intimidating, especially if you and your family are still coping with the loss. Our Queens wrongful death lawyers can help you seek justice.
At Levine And Wiss, we’ve recovered hundreds of millions of dollars in jury awards and settlements for accident victims and their families in New York. Contact us today to schedule your free consultation and learn how our Queens personal injury lawyers can help.
What Is a Wrongful Death Case?
A wrongful death case is a civil lawsuit that someone files when a person dies because of another person’s careless, reckless, or intentional actions. The goal is to get financial compensation for the family members who lost someone and suffered because of the death.
When a death occurs because a person, company, or institution failed to exercise reasonable care, surviving family members may have grounds to pursue this lawsuit.
Wrongful deaths in New York often result from preventable accidents or incidents such as:
- Car, truck, and motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Workplace accidents
- Construction accidents
- Nursing home abuse and neglect
- Slip-and-falls
- Criminal acts
Why Do You Need a Queens Wrongful Death Lawyer?
Losing a loved one due to someone else’s negligence can leave families facing emotional and financial hardship. Our Queens wrongful death attorneys protect your rights and guide you through the legal process.
Some of the things we can do to help include:
- Investigate the circumstances of the death to determine how it happened
- Discover all liable parties you may hold accountable
- Calculate the full value of your damages
- Negotiate for a fair settlement if possible
- Represent you in court and fight for the award you deserve.
Wrongful death laws in New York can be complex. Our legal team will make sure claims are filed correctly and within legal deadlines. You’ll have the peace of mind of knowing your case is handled correctly while you and your family grieve.
Queens Wrongful Death Lawyer Near Me
(888) 468-4878Who Can File a Wrongful Death Claim?
In New York, the personal representative of the deceased’s estate can file a wrongful death suit. This person is usually named in the will or appointed by the court. The lawsuit is for the benefit of the surviving family members who experienced financial losses because of the death.
The representative is responsible for managing the legal process and ensuring any compensation recovered is distributed according to New York law. Eligible beneficiaries typically include the deceased person’s spouse, children, or parents.
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What Are Damages in a Wrongful Death Claim in New York?
In a wrongful death claim in New York, damages mainly focus on the financial losses that family members face after a loved one’s death.
Compensation may include:
- Funeral and burial expenses
- Loss of the deceased person’s income and financial support
- Loss of household services
- The value of parental guidance or care
Unlike some states, New York limits recovery in wrongful death cases to economic losses rather than emotional grief. Additional compensation may be available by filing a New York wrongful death and survivorship claim to recover pain and suffering the deceased experienced before death.
How Long Do You Have to File a Wrongful Death Claim in New York?
In New York, the statute of limitations for a wrongful death claim is generally two years from the date of the person’s death, according to EPTL § 5-4.1. Certain exceptions can alter this deadline, such as when the defendant is facing criminal charges for the same actions.
Missing deadlines can mean losing out on your ability to file a wrongful death lawsuit. Reach out to our wrongful death lawyers in Queens so you understand the timeframe that applies to your claim. We can make sure your claim is filed on time.
Get Help From Our Queens Wrongful Death Attorneys
Dealing with the loss of loved ones is a part of being human, but if a family member passes away due to an unexpected accident, incident, or mishap, it is a different story. When the negligent actions of another party cause a loss of life, you have options.
Insurance companies may push back and attempt to delay or deny claims, but you don’t have to take them on by yourself. Our Queens wrongful death attorneys will fight on behalf of you, your family, and your deceased loved one so you can recover the compensation you deserve.
The team at Levine And Wiss has more than 100 years of combined experience advocating for New York families. We’re here to help you get through this trying time. Call now to schedule your free consultation and tell us what happened.