Queens Wrongful Death Lawyers

How Can a Queens Wrongful Death Attorney Help?

When you lose a loved one and you believe their death was the result of negligence, a lawyer on our legal team can assess your case to determine its merit and if the death of your family member could have been prevented with the exercise of reasonable care. A wrongful death attorney at Parker Waichman LLP can help you seek justice and compensation for the loss of a loved one due to the misconduct or negligence of another. Our experienced Queens wrongful death lawyers can investigate the circumstances surrounding the death to uncover the truth, identify the responsible parties, and build a strong case that will hold them financially responsible.

A wrongful death attorney on our legal team can also provide compassionate and dedicated support throughout the legal process, ensuring your rights are protected and that you recover fair compensation for your damages.

Who Can File a Wrongful Death Lawsuit in New York?

Not everyone can file a wrongful death lawsuit after losing a loved one. 
In New York, the following parties can file a wrongful death lawsuit:

• Spouse
• Child
• Parent
• Personal representative of the victim

Other Dependents

Individuals who were financially dependent on the deceased party may be entitled to compensation. These other dependents can include adopted children, stepchildren, or other relatives who relied on the deceased party financially.

NY Wrongful Death Damages

No amount of compensation can make up for the loss of a family member. However, recovering compensation during this challenging time can help to alleviate the financial burdens you are facing. In New York, two types of damages can be recovered:

Pain and Suffering

Pain and suffering damages are repayment for the pain and suffering the accident victim experienced before their death. To quantify pain and suffering damages, attorneys will use the fear of impending death, taking into consideration the amount of time the injured party was aware they were actively dying.

Economic Damages

Economic damages in a wrongful death lawsuit are focused on financial loss. The victim’s family members can claim damages based on the financial losses they will experience due to the untimely loss of a loved one. 

Examples of economic damages the family members can pursue include:

• Funeral, burial, or cremation costs
• Medical expenses incurred
• Lost wages the decedent was earning and would have earned if not for their untimely death
• Services the decedent provided, such as health insurance
• Loss of assets or inheritance

When calculating economic damages in a wrongful death lawsuit, an attorney will factor in the life expectancy and the age of the deceased party. 

Unlike other states, New York does not allow the surviving family members to pursue compensation for the pain and suffering they have experienced due to the loss of their loved one.

What Are the Leading Causes Of Wrongful Death?

The leading causes of wrongful death include:

Motor Vehicle Accidents

Auto accidents are the leading cause of wrongful death. These accidents are often caused by distracted drivers, reckless drivers, running red lights, failure to obey traffic laws, etc.

Truck Accidents

Commercial truck accidents often result in catastrophic injuries or fatalities, due to the vehicle’s massive weight and size.

Bicycle Accidents

Due to low visibility and their relatively small size, cyclists are vulnerable to accidents with passenger vehicles, trucks, pedestrians, and other cyclists.

Medical Malpractice

When a consumer dies in a fatal accident as the result of a defective or dangerous product, the manufacturer and other parties can be held liable. Defective product deaths can be caused by the failure to provide adequate instructions or warnings, manufacturing errors, or design flaws.

Defective Products

Wrongful death lawsuits can result when a death occurs due to a dangerous or defective product. A failure to warn of death or potential injuries, manufacturing flaws, and design flaws, can all result in wrongful death.

Workplace Accidents

An employee who dies from a machine-related accident, a fall, lack of training, lack of supervision, defective safety equipment, unsafe work environment, lack of safety equipment, or the failure to follow proper safety precautions, can result in a wrongful death.

Criminal Acts

When a person commits a criminal act that results in the death of another, the surviving family members can pursue a wrongful death lawsuit. A civil trial is held separately from a criminal trial.

What is the Statute Of Limitations for Wrongful Death in NY?

In New York, eligible parties will have two years from the date of the death of their loved one to take legal action against the negligent party responsible for the untimely death of their family member. Failure to take legal action during this period can result in your case being dismissed, barring you from recovering any compensation for your devastating loss.

Because of this short window, you must contact a Queens wrongful death lawyer at Parker Waichman LLP as soon as possible to give your attorney adequate time to investigate the incident and build the strongest case possible.

Contact Us Today

If you lost a loved one in an accident that was caused by the negligence of another person or entity, you may be entitled to compensation. Let the experienced, compassionate wrongful death lawyers at Parker Waichman LLP fight for the justice you and your family deserve.