Losing a family member is always traumatic. And when that loss is the result of negligence, the family understandably wants the responsible party held legally accountable. This is where a wrongful death lawsuit can provide a sense of justice and closure.
An experienced New York City wrongful death lawyer can review your case and advise you of your rights. At Poltielov Law Firm P.C., our personal injury team understands this is a difficult time for you and your family. Of course, no amount of financial compensation can ever replace a loved one. But in our legal system, a wrongful death lawsuit is often the best way to ensure accountability for one’s actions.
Understanding Wrongful Death Claims in Queens
A wrongful death occurs when someone dies due to else’s negligence, recklessness, or intentional harm. These are preventable deaths that should never have happened. When a family member is killed because another person or company failed in their duty of care, the law provides a path for surviving family members to seek justice and recover compensation.
Wrongful death claims differ from criminal cases. While prosecutors may pursue criminal charges against the responsible party, a wrongful death lawsuit is a civil action that helps families recover damages for their losses. An experienced wrongful death attorney handles the legal process while you focus on healing.
Queens wrongful death cases often involve complex investigations and multiple parties. From gathering witness statements to reviewing medical records, building a strong wrongful death case requires thorough preparation. Our Queens wrongful death lawyer team has the resources and knowledge to handle even the most complicated claims.
New York’s Wrongful Death Statute
A wrongful death lawsuit is a special type of personal injury claim authorized by state law. New York’s wrongful death statute allows the spouse, children, parents, and personal representative (executor) of the deceased person to sue any parties whose negligence caused or contributed to their death. In this sense, a wrongful death lawsuit is the personal injury claim that the victim would have filed had they survived.
In addition to proving the defendant owed a duty of care and breached it, the plaintiffs in a wrongful death lawsuit also need to show their pecuniary loss. This refers to the financial recovery losses suffered by the family member representatives or estate as a result of the victim’s death. For instance, if the victim was the primary wage earner for the family, the income they would have continued to earn had they lived would be a pecuniary loss.
Other pecuniary losses include the victim’s medical expenses, funeral costs, and burial costs. Medical bills from treatment before death can also be recovered. The legal process for calculating these damages requires careful documentation and expert testimony.
Who Can File a Wrongful Death Lawsuit in New York
Under New York law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the court. While surviving family members cannot file directly, they are the beneficiaries who receive any wrongful death compensation awarded.
The personal representative acts on behalf of all eligible family members, including the decedent’s spouse, children, and parents. This requirement exists to prevent multiple lawsuits over the same death. An experienced wrongful death lawyer can help you understand how this process works and who qualifies as a beneficiary.
Common Causes of Wrongful Death in Queens
The same types of negligent acts that lead to personal injury claims also produce wrongful death lawsuits. Understanding these causes helps families recognize when they have a valid wrongful death claim. Here are common examples of how wrongful death occurs:
Car Accidents and Motor Vehicle Crashes
Car accidents remain one of the leading causes of wrongful death in Queens. If a loved one has been killed by a reckless or drunk driver, the family and estate can file a wrongful death lawsuit against that driver and potentially other parties, including the owner of the vehicle or the company that employed the driver.
Motor vehicle accidents involving trucks, motorcycles, and pedestrians also lead to fatal accidents. These cases often involve multiple insurance companies and complex liability issues. A Queens wrongful death attorney investigates all aspects of the crash to determine liability and identify every responsible party.
Fatal injuries from traffic collisions may result from speeding, distracted driving, or gross negligence. When drivers make reckless choices that cost lives, families have the right to hold the at-fault party accountable. New York state law provides a framework for seeking compensation in these tragic situations.
Medical Malpractice and Medical Negligence
Medical malpractice happens when healthcare providers fail to meet accepted standards of care. If a doctor, nurse, hospital, or other health care practitioner or facility violated the accepted standard of medical care and caused a patient’s death, they can be sued under New York’s wrongful death law.
Medical negligence takes many forms. Surgical errors like operating on the wrong body part or leaving instruments inside patients can cause death. Misdiagnosis, medication errors, and birth injuries also lead to wrongful death cases. Delayed treatment or failure to diagnose serious conditions like cancer or heart disease may constitute medical malpractice.
An experienced wrongful death attorney works with medical experts to review records and establish how providers deviated from proper care standards. These cases require detailed analysis of medical records and expert testimony about what should have been done differently.
Premises Liability and Dangerous Property Conditions
Sometimes a person dies as a result of an accident on private or public property that has not been properly maintained. The property owner can be held legally responsible for such deaths. Dangerous property conditions include wet floors, broken stairs, inadequate lighting, and structural defects.
Building collapses, fires caused by faulty wiring, and drownings in unsecured pools are examples of premises liability wrongful death cases. Property owners must maintain safe conditions for visitors and tenants. When they fail in this duty, and someone dies, families can pursue compensation through a wrongful death claim.
Workplace Accidents and Occupational Deaths
Workplace accidents claim lives every year in Queens and across New York. Construction site incidents, industrial machinery accidents, and exposure to toxic substances can all lead to fatal accidents. While workers’ compensation typically covers on-the-job injuries, wrongful death claims may be filed against third parties whose negligence contributed to the death.
For example, if defective equipment caused a worker’s death, the manufacturer might be sued. If a contractor’s gross negligence created unsafe conditions that killed someone else’s employee, a wrongful death lawsuit could proceed. An experienced attorney evaluates all potential claims to maximize financial recovery for the family.
The Legal Process for Wrongful Death Claims
Going through a wrongful death claim involves several important steps. First, the personal representative must be officially appointed by the court if no executor has been named. This person then retains a Queens wrongful death lawyer to handle the legal action.
Investigation is the next critical phase. Your attorney gathers evidence about the circumstances surrounding the death. This includes police reports, witness statements, medical records, and expert analysis. The goal is to prove both liability and damages.
Negotiations with opposing counsel and insurance companies follow. Many wrongful death cases settle before trial, but your lawyer must be prepared to go to court if necessary. The legal process typically takes months or longer, depending on case complexity.
Proving Negligence in Wrongful Death Cases
To win a wrongful death case, you must prove several elements. First, the defendant had a duty of care to the deceased person. Second, they breached that duty through negligence or a wrongful act. Third, this breach directly caused the victim’s death. Fourth, the death resulted in measurable damages to the estate and family members.
New York law also recognizes comparative negligence, which means damages may be reduced if the deceased person bore some responsibility for the incident. However, even a partial fault does not prevent families from seeking compensation. A skilled wrongful death attorney presents evidence to minimize any blame assigned to the victim.
Compensation in Wrongful Death Cases
Wrongful death compensation aims to make the estate and surviving family members financially whole. While no amount of money can replace the loss of a loved one’s death, financial recovery helps families maintain stability during an incredibly difficult time. Understanding what damages you can seek compensation for is important.
Economic damages include medical expenses incurred before death, funeral expenses, and burial costs. Lost wages and loss of future earnings represent the financial support the deceased person would have provided. Loss of benefits like health insurance and pension contributions also count.
Non-economic damages compensate for loss of companionship, guidance, and emotional support. The pain of losing a parent, spouse, or child cannot be measured in dollars, but New York law recognizes these losses. Wrongful death victims’ families deserve fair compensation for all they have endured.
Calculating Fair Compensation
Several factors affect the value of a wrongful death claim. The deceased person’s age, health, and earning capacity matter. A young parent with decades of potential earnings will have a different claim value than a retiree. The number and ages of dependents also play a role.
The nature of the wrongful act matters too. Cases involving gross negligence or intentional harm may warrant higher damages. The strength of evidence and quality of legal representation affect outcomes. An experienced wrongful death attorney knows how to value claims properly and fight for maximum compensation.
Why Choose Poltielov Law Firm P.C.
Our Queens wrongful death attorney team has a proven track record of helping grieving families recover compensation. We understand that families often do not relish the prospect of filing a wrongful death lawsuit in the midst of dealing with their grief. However, taking legal action is sometimes the only way to hold negligent parties accountable.
Most Queens wrongful death cases are settled out of court. When a party knows its negligence was the likely cause of someone’s death, they are often eager to avoid the time, expense, and publicity of a trial. By working with an experienced wrongful death lawyer, you can help ensure that any settlement is on terms that you and your family can live with.
We handle all types of wrongful death claims, from car accidents to medical malpractice to workplace accidents. Our team investigates thoroughly, negotiates aggressively, and litigates effectively when necessary. Grieving families deserve an advocate who will fight for justice and fair compensation.
Our Approach to Wrongful Death Cases
We begin every wrongful death case with a thorough investigation. Understanding exactly how and why the untimely death occurred is the foundation of a strong claim. We consult experts, review all available evidence, and identify all potentially liable parties.
Communication is important to us. We keep grieving families informed throughout the legal process. You will never wonder what is happening with your case. We explain complex legal concepts in plain language and answer all your questions.
Our goal is always to recover damages that provide real financial recovery for the family. We do not accept lowball settlement offers that fail to account for the full extent of your losses. When insurance companies refuse to offer fair compensation, we are prepared to take your case to trial.
Frequently Asked Questions About Wrongful Death in Queens
What is the deadline to file a wrongful death lawsuit in New York?
Under New York state law, you generally have two years from the date of death to file a wrongful death lawsuit. This is called the statute of limitations. Missing this deadline typically means losing your right to seek compensation forever. However, some exceptions exist. If the wrongful death resulted from criminal conduct and a prosecution is pending, the deadline may be extended. Consult with a Queens wrongful death lawyer as soon as possible to protect your rights. Early action also helps preserve evidence and witness statements that strengthen your wrongful death claim.
Who receives the compensation in a wrongful death case?
The personal representative files the lawsuit, but the wrongful death compensation goes to eligible surviving family members according to New York law. The decedent’s spouse and children are typically the primary beneficiaries. If there is no spouse or children, parents may receive compensation. Distribution follows intestacy laws if the deceased person had no will. Other family members, like siblings, generally cannot recover damages unless they were financially dependent on the deceased. An experienced wrongful death attorney can explain how compensation will be divided among beneficiaries in your specific situation.
Can I file a wrongful death claim if my family member died in a car accident?
Yes. Motor vehicle accidents are among the most common causes of wrongful death in Queens and throughout New York. If your family member was killed due to another driver’s negligence, you have the right to file a wrongful death lawsuit. This applies to crashes involving cars, trucks, motorcycles, bicycles, and pedestrians. The at-fault party may be the other driver, their employer, or even a vehicle manufacturer if defects contributed to the fatal injuries. A Queens wrongful death attorney investigates all aspects of the accident to identify every responsible party and determine liability accurately.
How is a wrongful death claim different from a criminal case?
A wrongful death lawsuit is a civil action seeking financial recovery for the family, while criminal cases punish the offender through fines or imprisonment. Different standards of proof apply. Criminal cases require proof beyond a reasonable doubt, but wrongful death cases need only a preponderance of evidence. You can pursue compensation through a wrongful death claim even if no criminal charges were filed or if the defendant was acquitted. The legal process for civil claims differs from criminal proceedings. Your wrongful death lawyer handles the civil case while prosecutors manage any criminal matters independently.
What types of medical malpractice can lead to a wrongful death claim?
Many forms of medical negligence can result in wrongful death. Surgical errors like anesthesia mistakes or operating on the wrong body part may be fatal. Misdiagnosis or delayed diagnosis of serious conditions prevents timely treatment. Medication errors, including wrong dosages or dangerous drug interactions, cause deaths. Birth injuries that kill mothers or infants constitute medical malpractice. Nursing home neglect and abuse also lead to wrongful death cases. Emergency room errors and failure to properly monitor patients can have fatal consequences. An experienced wrongful death lawyer works with medical experts to review care provided and identify departures from accepted standards that caused the loved one’s death.
How long does it take to resolve a wrongful death case?
Queens wrongful death cases vary in length. Simple cases with clear liability may settle in several months. Complex cases involving multiple defendants or disputed facts can take years. The legal process includes investigation, filing the lawsuit, discovery, negotiations, and possibly a trial. Most cases settle before trial, which speeds resolution. However, you should never rush to accept an inadequate settlement. Taking time to fully understand all damages ensures you recover compensation that truly reflects your losses. Your wrongful death attorney balances the need for timely resolution with the importance of securing fair compensation for grieving families.
What if my loved one was partially at fault for the accident that killed them?
New York law follows a comparative negligence rule. This means you can still pursue compensation even if the deceased person bore some responsibility for the incident. However, any wrongful death compensation will be reduced by the percentage of fault assigned to your family member. For example, if the court finds the deceased 20% responsible and awards $1 million, the actual recovery would be $800,000. This rule applies to car accidents, workplace accidents, and other wrongful death scenarios. An experienced wrongful death attorney presents evidence to minimize any fault assigned to the victim and maximize your financial recovery.
Contact Our Queens Wrongful Death Lawyer Today
Although families often do not relish the prospect of filing a wrongful death lawsuit in the midst of dealing with their grief, it is important to note that most of these claims are settled out of court. When a party knows its negligence was the likely cause of someone’s death, they are often eager to avoid the time, expense, and publicity of a trial. By working with an experienced New York City wrongful death attorney, you can help ensure that any settlement is on terms that you and your family can live with.
So if you need to speak with a wrongful death lawyer, contact Poltielov Law Firm P.C., or call us now at 718-880-2911 to schedule an initial consultation.