Queens Wrongful Death Attorney

Let Our Firm Help You During This Difficult Situation

At the Law Office of Seni Popat, P.C., we understand that losing a loved one is one of the most difficult experiences anyone can endure. If you have lost a family member due to the negligence or misconduct of another party, you may be entitled to compensation for your loss. Our team of experienced and compassionate Queens wrongful death attorneys is here to help you navigate the legal process and fight for the justice you deserve.

We serve clients throughout Queens Village, NY, and the surrounding areas, including the Bronx, Brooklyn, Nassau County, and Suffolk County. Our team of skilled personal injury attorneys has years of experience handling wrongful death cases and has a proven track record of success in securing favorable outcomes for our clients.

Wrongful death cases can be complex and emotional, but our team of attorneys has the knowledge, experience, and compassion needed to guide you through the legal process. We will work tirelessly to investigate the circumstances surrounding your loved one's death, gather evidence, and build a strong case on your behalf.

What is Considered Wrongful Death?

In New York State, a wrongful death claim arises when an individual dies due to the "wrongful act, neglect, or default" of another party. This means that if the deceased person would have had a valid personal injury claim had they lived, then their surviving family members or estate may have grounds for a wrongful death lawsuit. It's crucial to understand that a wrongful death action is distinct from a criminal prosecution. While a criminal case focuses on punishing the perpetrator, a wrongful death lawsuit aims to provide financial compensation to the victim's survivors for their losses.

Wrongful death can stem from a wide range of tragic incidents, including but not limited to:

• Motor Vehicle Accidents: Car accidents, truck accidents, motorcycle accidents, and pedestrian accidents caused by distracted driving, drunk driving, speeding, or other forms of negligence.
• Medical Malpractice: Errors in diagnosis, surgical mistakes, medication errors, birth injuries, or nursing home negligence leading to a patient's death.
• Workplace Accidents: Fatalities occurring on the job due to unsafe working conditions, equipment malfunction, or employer negligence.
• Slip and Falls: Deaths resulting from dangerous property conditions, such as inadequate lighting, uneven surfaces, or lack of maintenance.
• Defective Products: Fatalities caused by a dangerously designed or manufactured product.
• Intentional Acts: Homicides or assaults that result in death.

Regardless of the specific circumstances, the common thread in all wrongful death cases is the preventable nature of the loss and the devastating impact it has on surviving family members.

Who Can File a Wrongful Death Lawsuit in New York?

Under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate. This personal representative is typically named in the deceased's will or appointed by the Surrogate's Court if there is no will. While the personal representative is the party who files the lawsuit, the compensation recovered in a wrongful death action is distributed to the "distributees" of the decedent, meaning those who suffered financial losses due to the death.

In New York, the distributees who can recover damages typically include:

• Spouse: The surviving husband or wife.
• Children: Biological or adopted children of the deceased.
• Parents: If there is no surviving spouse or children.
• Other Dependant Relatives: In some limited circumstances, other family members who were financially dependent on the deceased may be able to recover.

It's important to note that New York law explicitly limits who can recover for wrongful death. Unlike some other states, New York does not allow for recovery for emotional suffering or "pain and suffering" of the survivors, only for pecuniary (financial) losses.

What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in NY?

To successfully pursue a wrongful death claim in Queens, your attorney at Law Office of Seni Popat, P.C. must prove several key elements:

1. Duty of Care: The defendant owed a duty of care to the deceased. This means they had a legal obligation to act reasonably to prevent harm. For example, a driver has a duty to operate their vehicle safely, and a doctor has a duty to provide competent medical care.
2. Breach of Duty: The defendant breached that duty of care. This means they acted negligently, recklessly, or intentionally, failing to meet their legal obligation.
3. Causation: The defendant's breach of duty was a direct and proximate cause of the deceased person's death. There must be a clear link between the defendant's actions and the fatality.
4. Damages: The surviving family members suffered actual pecuniary damages as a result of the death. As mentioned, these are financial losses, not emotional ones.

Proving these elements requires a thorough investigation, the collection of compelling evidence, and often, the testimony of expert witnesses. Our Queens wrongful death lawyers are skilled in building strong cases to demonstrate liability and the full extent of your losses.

Compensation for Wrongful Death

While no amount of money can ever truly compensate for the loss of a loved one, a wrongful death lawsuit aims to provide financial relief to alleviate the economic burdens faced by surviving family members. In New York, the types of damages that can be recovered in a wrongful death claim include:

• Medical Expenses: Costs associated with the deceased's final injury or illness, including ambulance services, hospital stays, doctor's visits, and medication, incurred from the time of the injury until death.
• Funeral and Burial Expenses: Reasonable costs for the funeral, cremation, and burial of the deceased.
• Loss of Financial Support: The income and financial contributions the deceased would have provided to their dependents had they lived. This can include wages, benefits, and other economic support.
• Loss of Parental Guidance and Nurturing: For children, compensation for the loss of the deceased parent's guidance, instruction, and moral training.
• Loss of Household Services: The value of services the deceased provided to the household, such as childcare, home maintenance, and other domestic contributions.
• Conscious Pain and Suffering of the Deceased: While survivors cannot recover for their own emotional pain and suffering, the estate may recover damages for the conscious pain and suffering the deceased experienced between the time of the injury and death. This requires evidence that the deceased was aware of their suffering.

Calculating these damages can be complex, often requiring the input of financial experts and economists. Our Queens wrongful death lawyers will work diligently to ensure all potential damages are accurately assessed and aggressively pursued.

The Statute of Limitations in New York

It is critical to be aware of the strict deadlines for filing a wrongful death lawsuit in New York. Generally, a wrongful death claim must be filed within two years from the date of the deceased person's death. There are very limited exceptions to this rule. If you fail to file your lawsuit within this timeframe, you will likely lose your right to pursue compensation. This is why it is imperative to contact an experienced Queens wrongful death lawyer as soon as possible after the loss of a loved one.

FAQs About Wrongful Death Claims in Queens, NY

How long does a wrongful death lawsuit take?

The timeline for a wrongful death lawsuit can vary significantly depending on the complexity of the case, the willingness of the parties to negotiate, and court schedules. Some cases may settle relatively quickly, while others may proceed to trial and take several years.

Can I file a wrongful death lawsuit if the death was caused by a criminal act?

Yes, you can file a civil wrongful death lawsuit even if the at-fault party is facing criminal charges or has been acquitted in a criminal court. The standards of proof are different for civil and criminal cases.

What if the deceased was partially at fault for their own death?

New York follows a pure comparative negligence rule. If the deceased was found to be partially at fault, the amount of damages you can recover will be reduced by their percentage of fault. For example, if damages are determined to be $1,000,000 and the deceased was 20% at fault, you would recover $800,000.

Do I need a Queens wrongful death lawyer?

While it is not legally required to have an attorney, pursuing a wrongful death claim in New York is incredibly complex. An experienced Queens wrongful death attorney can navigate the legal intricacies, gather evidence, negotiate with insurance companies, and advocate for your rights, significantly increasing your chances of a successful outcome. Attempting to handle such a claim on your own while grieving can be overwhelming and detrimental to your case.

Contact Our Queens Wrongful Death Lawyers

As your wrongful death attorney, we will fight to hold the responsible party accountable for their actions and seek compensation for the damages you have suffered. These damages may include medical expenses, funeral expenses, lost wages, loss of companionship, and more.

Schedule a free consultation with a Queens wrongful death attorney at the Law Office of Seni Popat, P.C. by contacting us online or calling (718) 340-3385.