Queens Wrongful Death Lawyers
Experienced Queens Wrongful Death Lawyers
At Rosenberg & Rodriguez, we understand that losing someone you love unexpectedly is incredibly hard. It’s even harder when that person was wrongfully killed because of someone else’s negligence or unlawful actions. In these situations, surviving family members can face significant emotional and financial struggles. We’re here to support you through these challenges.
We understand that nothing can ever undo the pain of losing a loved one. However, filing a wrongful death lawsuit against the party responsible for their death can provide a sense of justice and financial assistance during this difficult time. If you’re interested in learning more about filing a wrongful death lawsuit in New York, feel free to contact our Queens wrongful death lawyers for a free consultation today to learn more about how we can help.
Common Causes Of Wrongful Death Accidents In Queens
Regrettably, there are numerous instances where the carelessness of another person may result in the loss of a loved one’s life. Nonetheless, many wrongful death incidents have things in common. Some usual reasons for wrongful death accidents in Queens are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Defective product accidents
- Slip-and-fall accidents
- Medical malpractice
- Construction accidents
If you decide to work with a personal injury lawyer from Rosenberg & Rodriguez, we will thoroughly investigate the reasons behind the accident to establish who is responsible and decide on the best course of action for your case. Don’t wait, contact us today to learn more about how we can help.
How A Queens Wrongful Death Lawyer Can Help
During your time of mourning, you don’t have to go through the hassle of going through paperwork. Our firm can assist you by providing a lawyer who can handle the legal aspects, while you have more time with your loved ones. Our team has been in the legal profession for several years and can take on the responsibility of fighting for the compensation you deserve. Our Queens wrongful death lawyers can use their expertise to help you in various ways, including:
Determining the Total Value of Your Claim
The expenses related to medical bills, funeral and burial services, as well as the loss of income of your loved one can have an overwhelming financial impact. To determine the economic damages, your attorney can help you maintain a record of all bills and receipts. Additionally, you may also be eligible for compensation for your intangible losses, such as the loss of consortium, guidance, support, and pain and suffering.
We would like to discuss with you the ways in which your family member’s loss has affected your life and how you think it will continue to affect you in the future. Our goal is to provide compensation that covers all your current and future losses.
Hunting for Evidence on Your Behalf
If your loved one has passed away due to negligence, our experienced Queens wrongful death attorneys will investigate thoroughly. We will gather solid evidence to prove the negligence, which might require visiting the location where the negligence occurred. For instance, we can travel to:
- An intersection where a car accident occurred
- A city park that lacked proper maintenance and caused your family member to fall
- A property where a slip-and-fall occurred
- A nursing home where the staff neglected or abused your family member
- A medical facility that did not treat your loved one with care
Our team will utilize our expertise to search for pertinent documents, details from eyewitness testimony, and physical evidence that will substantiate your claim. We are committed to ensuring that those at fault for your losses are held completely responsible.
Handling All Negotiations With the Insurance Company
If you have lost a loved one due to someone else’s negligence, you may receive numerous calls from the insurance company. Our Queens wrongful death lawyers can intercept these calls from adjusters. You shouldn’t have to repeatedly explain your losses to justify your eligibility for damages. Our goal is to work with the insurer to obtain a fair settlement that covers the full extent of your losses. Insurance companies may try to minimize payouts or deny claims to reduce costs.
Our firm has wrongful death attorneys who can advocate for you to prevent such incidents. The insurance company’s initial settlement may not fully compensate you for your losses. With the help of your lawyer, you can receive fair compensation for both your current and future damages.
Understanding New York State Wrongful Death Laws
You don’t need to become an expert in the law while you are grieving. We can use our knowledge and experience to help you. There may be specific laws that apply to your situation that we can assist you with.
New York’s Comparative Negligence Law
In New York, people can still receive damages even if they are partially at fault. This applies to wrongful death cases as well. According to NY CVP § 1411, compensation for an accident victim is based on how much fault they had. For instance, if your loved one was 20% responsible for the accident that resulted in their death, and another party was 80% responsible, then you can still receive 80% of the damages available as the surviving family members.
The Statute of Limitations in Wrongful Death Cases
The statute of limitations sets a specific time frame for filing a claim. As per NY CVP § 214, there is a three-year time limit for filing a lawsuit after the death of your loved one, or after you discover their passing. However, there are specific circumstances where this time limit can be extended. We can assist you in figuring out how the statute of limitations applies to your situation during a free consultation.
Frequently Asked Questions
What Makes A Death Wrongful?
Under the law, a death is considered “wrongful” if it was caused by negligence or misconduct. For instance, if a person is killed in an accident caused by a drunk driver, the driver can be held responsible for the damages suffered by the victim’s family since they acted unlawfully and negligently. The law views any preventable death as wrongful.
Who Can File A Wrongful Death Lawsuit In New York?
To file a wrongful death claim in New York, the personal representative of the deceased’s estate must do it on behalf of specific surviving family members. The state has guidelines regarding who are eligible to bring such actions, and the claim cannot be filed directly by the family members. Those who can file a wrongful death claim in New York include:
- The decedent’s spouse
- The decedent’s child/children
- The decedent’s parent(s)
- Any dependent, beneficiary, or heir of the decedent
The eligible family members cannot file the claim themselves to recover damages. The only person who can file the claim is the personal representative of the estate. If the decedent’s estate plan did not name a personal representative, the court will appoint one.
How Do You File A Wrongful Death Claim In Queens, NY?
To determine if you can receive compensation after losing a loved one, you must first see if you are eligible to file a wrongful death claim. In New York, only the executor of the deceased’s estate can file the claim, but they do it for the benefit of the deceased’s spouse, children, or parents who will receive the settlement. By filing the claim, you can receive compensation for certain expenses and economic losses incurred due to the death, including:
- Medical bills related to the incident, incurred before your loved on died
- Funerary costs
- Burial or cremation costs
- Loss of anticipated wages, as well as work benefits
- Loss of inheritance
It’s important to note that the time frame for filing a wrongful death lawsuit is shorter than other personal liability cases. The statute of limitations for such cases is two years from the date of death as opposed to the typical three-year window. Despite the emotional difficulty in pursuing legal action after losing a loved one, it’s recommended to consult with Rosenberg & Rodriguez and our Queen wrongful death attorneys promptly so that they can expedite the process and provide peace of mind.
What Damages Can Surviving Family Members Recover?
Surviving loved ones can seek compensation for damages they suffered due to the decedent’s passing in a wrongful death claim. In New York, eligible family members are entitled to compensation for damages that include:
- Medical expenses incurred for final treatment for the deceased
- Funeral expenses
- Lost wages, income, and benefits
- The value of family services/support the deceased provided
- The value of parental care lost (for surviving children)
- Loss of expected inheritance
- Pain and suffering the deceased experienced prior to death
Regrettably, in New York, individuals cannot receive compensation for their mental and emotional suffering following the death of their loved one.
Contact Our Queens Wrongful Death Lawyers Today
Rosenberg & Rodriguez will strive to achieve the best results for your case and handle all the necessary paperwork and deadlines. Our Queens wrongful death lawyers have helped many New York City families cope with the loss of their loved ones. Contact us at (718) 509-4960 to arrange a free consultation and discuss your case further. We understand legal matters can be confusing and stressful, and we are here to help.