Almost nothing compares to the grief and pain a family can experience when they suddenly lose a loved one. That pain can be even more acute when someone else’s careless actions are the cause of death.
At The Perecman Firm, our Queens wrongful death attorneys are sensitive to the fact that money is no replacement for a cherished family member. We also know that families can experience significant financial instability in the wake of the death of a loved one.
We want to support you during this challenging time and pursue a strong claim that gives you the best chance of recovering the money and peace of mind your family deserves. Many families take comfort in seeking a measure of justice for their deceased loved one through a wrongful death claim. It can help with the grieving process in addition to providing much-needed financial resources.
Let us help you learn more about your legal options for pursuing justice for your departed loved one and compensation for those left behind. Discuss your unique situation with a Queens wrongful death lawyer today. Contact us now for a free, no-obligation initial consultation.
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What Does Wrongful Death Mean?
New York law defines wrongful death as a death that occurs by the wrongful act, neglect, or default of another party. In other words, wrongful death means that someone else’s careless actions caused the death of another person.
There are many situations where a careless party’s actions can trigger a wrongful death lawsuit.
For example, some of the types of wrongful death cases we handle in Queens include:
- Fatal construction accidents
- Fatal workplace accidents
- Medical malpractice fatalities
- Fatal motor vehicle accidents
Is Wrongful Death a Criminal or Civil Action?
The phrase “wrongful death” can be confusing. Many people believe that when someone causes the death of another person, that turns a situation into a criminal matter. While criminal matters could also form the basis of wrongful death lawsuits, wrongful death cases themselves are separate matters handled in civil court. A civil wrongful death case can also go forward even when there is no criminal case associated with it.
Civil court is separate from criminal court. In criminal cases, a jury determines guilt or innocence based on evidence. If an individual is guilty beyond a reasonable doubt, they face criminal penalties, including fines and imprisonment. The state pursues criminal matters, not individuals.
In contrast, wrongful death cases are a civil remedy pursued by affected individuals, not the state. The burden of proof is lower than in criminal cases – you only need to prove through a preponderance of evidence that the claim an individual is responsible for contributing to another person’s death is more likely to be true than not. Instead of facing criminal penalties, a responsible party is held financially liable for the damage their actions caused, compensating surviving family members for their losses.
If a death was the result of a criminal act, such as a violent attack, the accused could potentially face both a criminal trial and a wrongful death lawsuit. A guilty verdict in the criminal case is not required for liability in a civil wrongful death lawsuit.
What Types of Accidents Can Result in Wrongful Death in Queens?
Wrongful death claims can stem from a variety of situations.
Some of the most common accidents that lead to Queens wrongful death claims include:
- Car accidents
- Construction accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Criminal acts
If the careless actions of another party caused the death of your loved one, consult our experienced Queens wrongful death claim lawyers for more information about your legal options.
Who Can File a Wrongful Death Lawsuit in Queens?
New York law allows the deceased’s personal representative or executor to file a wrongful death lawsuit. An individual’s will or estate plan identifies the personal representative in charge of managing the deceased individual’s estate. Only this individual can formally move forward with filing a wrongful death lawsuit.
When someone dies without a will or estate plan, the court can appoint an individual to serve as a personal representative.
Although a personal representative files a Queens wrongful death lawsuit, it is the family or beneficiaries of the deceased that receive the compensation recovered from a successful lawsuit. The family members who could benefit from a successful wrongful death claim include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Sometimes, siblings or other close relatives can benefit from a wrongful death claim. Depending on the situation, other legal dependents and members of the victim’s family may be able to recover compensation from a wrongful death claim in Queens.
Types of Compensation in Wrongful Death Cases
Generally, compensation in wrongful death cases can include money for:
- Funeral expenses
- Burial expenses
- Medical expenses incurred before death
- Financial support the deceased would have provided
Our Queens wrongful death lawyers are ready to review the facts of your situation and help accurately calculate the value of your claim. Do not accept money from the insurance company until you take the time to consult our Queens law firm for wrongful death claims.
Wrongful Death Statute of Limitations in Queens, NY
Individuals who have lost a loved one understand that grief doesn’t operate according to a set schedule. It takes time to process the loss of a family member and move forward with living your life.
New York has a strict timetable for filing a wrongful death lawsuit. You have two years from the date of death to file a lawsuit seeking compensation.
What happens when an individual fails to file a lawsuit by the legal deadline? The case faces likely dismissal, and beneficiaries can lose the ability to recover meaningful compensation to stabilize their financial situation and secure a degree of justice for their loved one.
Contact a Queens Wrongful Death Lawyer for Help
At The Perecman Firm, we know you have questions when you’re facing the unexpected death of a family member due to someone else’s negligence or carelessness. Our compassionate Queens wrongful death lawyers have answers. We will take the time to listen to you and then use our 40 years of legal experience and extensive resources to build a claim that gives you the best chance of recovering maximum compensation.
Contact our office today and speak to a Queens wrongful death attorney about your situation. We offer a free consultation to start you on the path toward the justice your loved one and your family deserve.