Quicklinks- What Is a Wrongful Death Lawsuit?
- Who Can File a Wrongful Death Claim in Queens?
- What Our Clients Say
- What Are the Common Causes of Wrongful Death in Queens?
- What Is the Difference Between Wrongful Death and Murder?
- How Do You Prove Fault in a Wrongful Death Claim?
- How Much Is the Average Wrongful Death Settlement?
- Why Is it Important To Hire a Queens Wrongful Death Lawyer?
- Get Advice From An Experienced Wrongful Death Lawyer
- FAQs About Wrongful Death Cases in Queens, NY
Did your loved one die in an unexpected but preventable accident? Speak to a Queens wrongful death lawyer at Proner & Proner who can help you prove fault. An attorney can help you navigate the complex legal process in NYC to recover compensation such as medical expenses, lost benefits, burial expenses. The legal team at Proner & Proner will ensure you recover maximum compensation.
Losing your father, mother, daughter, son, or spouse due to someone else’s negligence can be devastating, especially when you know their death may have been preventable. If this happened, you can seek compensation to help you with any financial challenges left by your loved one’s void. A fair settlement also acts as a form of justice for wrongful death claims.
But how do you put a monetary value on the loss of your loved one?
That’s where Proner & Proner comes in. They will look at the facts of your case and determine the appropriate settlement for your wrongful death claim.
Regardless of the circumstances of your loved one’s passing, you and your family deserve ample time to mourn and grieve. That said, if their death was due to another party’s or entity’s negligent acts or deliberately careless behavior, you deserve justice and maximum compensation for your loss.
To get the maximum compensation after the death of your loved one, consider hiring a Queens wrongful death lawyer from Proner & Proner. Our attorneys will guide you through the claims process and help you understand if you qualify to file a wrongful death claim in Queens, NY.
Call (212) 986-3030 today to schedule your free case review.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action that allows surviving loved ones to sue negligent parties who are liable for their loved one’s death.
Each state has unique laws surrounding wrongful death claims. The New York Estates, Powers, and Trusts Code Part 4 contains the state’s wrongful death statutes.
According to state laws, a plaintiff’s case must satisfy these five key elements to warrant compensation in a wrongful death case:
- There must be loss of life.
- The death must have been caused by the defendant’s wrongful acts.
- Their conduct could have given the deceased a cause of action they’d pursue in Queens courts.
- There are one or more survivors who suffered due to their loved one’s death.
- There are damages that the estate can recover.
To find out if you are eligible and how to file a wrongful death lawsuit, speak to a reliable wrongful death lawyer near Queens, NY.
Who Can File a Wrongful Death Claim in Queens?
Here are the parties that qualify to file wrongful death suits in Queens:
- The decedent’s spouse
- The decedent’s children
- The parents of the decedent
- The decedent’s estate personal representative
In select cases, people may name their preferred personal representatives before their death. However, in most wrongful death cases, courts come in to appoint personal representatives.
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Got into a motorcycle accident and went to Proner&Proner. I received great services and excellent results, I would definitively recommend the services. It was a great experience for me, A++ attorneys.
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When I felt I needed legal support after a motorcycle accident, I sought out an attorney who was a motorcyclist as well. Fortunately, I found Mr. Proner. The concern I received was a comfort. The firm’s contact with me while working on my behalf was reassuring and the results certainly made a bad experience easier to put behind me. My gratitude to Proner & Proner.
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Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!
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What Our Clients Say
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What Are the Common Causes of Wrongful Death in Queens?
The Queens personal injury lawyers at Proner & Proner handle wrongful death claims that arise from all types of accidents, including:
- Slips and falls
- Medical malpractice
- Car accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Pedestrian accidents
- Construction site accidents
Many wrongful deaths are caused by entirely avoidable human errors. If you believe this is what led to your loved one’s wrongful death, our attorneys can help you file a Queens wrongful death claim.
As part of our contingency fee agreement, Proner & Proner will advance all case-related costs until your claim is settled. This ensures that you receive top-notch legal services from our Queens wrongful death attorneys without worrying about any upfront costs.
What Is the Difference Between Wrongful Death and Murder?
Both wrongful death and murder involve loss of life. However, a wrongful death claim is a civil matter in Queens, NY, while a murder case is a criminal matter.
That being said, a civil case seeks financial damages, whereas a criminal case aims to put the perpetrator behind bars.
In a wrongful death case, surviving family members may decide whether to pursue a claim. A murder or manslaughter case in Queens is decided by the state.
How Do You Prove Fault in a Wrongful Death Claim?
One of the most critical parts of any Queens wrongful death case is determining whether the term “wrongful” is truly applicable. To do this, you and your attorney must prove fault and establish negligence.
An experienced lawyer will look at the causes of your loved one’s death to determine if there was any form of negligence. The first step in proving your wrongful death claim is providing your family member’s death certificate. This is official documentation from the New York State Department of Health that can support your case. It may indicate the time, date, and cause of death, which are essential to the foundation of your wrongful death claim.
Your Queens wrongful death lawyer must provide concrete evidence proving someone else’s fault led to your loved one’s death. Evidence may include:
- Police reports
- Medical records
- Eyewitness statements
- Toxicology reports
- Black box data
- Dashcam footage
- Testimonies from expert witnesses
Keep in mind that multiple parties may share liability for your loved one’s death.
How Much Is the Average Wrongful Death Settlement?
Every wrongful death case has specific facts that determine the compensation payable for potential damages. In New York, you must prove damages using verifiable facts, such as bills and receipts, to receive a fair settlement.
Here are some potential damages that may affect the value of your case:
- Medical expenses
- Funeral costs
- Your loved one’s conscious pain and suffering
- Lost wages and benefits such as pension plans and medical coverage
- Loss of consortium from a spouse
- Loss of inheritance
- Loss of care, nurturing, advice, and guidance from the decedent
On rare occasions, civil courts award punitive damages to punish defendants for their grossly negligent, intentional, or malicious acts. New York doesn’t cap punitive damages.
Once a settlement is awarded, the Surrogate’s Court of the State of New York will approve and oversee the distribution of the settlement recovered from the wrongful death lawsuit.
Why Is it Important To Hire a Queens Wrongful Death Lawyer?
After the death of your family member, you can protect yourself and your family by enlisting the legal services of a wrongful death lawyer from Queens, NY.
Here are some of the main benefits of working with the legal team at Proner & Proner to vindicate your loved one:
- Saves you time and money
- Helps you navigate the legal process and New York law
- Estimates the value of your wrongful death claim
- Provides access to our expert negotiation skills
- Ensures that you meet the New York wrongful death statute of limitations
- Gives you peace of mind
When you decide to work with our Queens wrongful death attorneys, we become your legal team, ready to go above and beyond to protect your rights and interests. Our lawyers are ready to answer any questions that you may have about the death of your loved one.
Get Advice From An Experienced Wrongful Death Lawyer
All You Have To Do Is Call 212-500-1003 To Receive Your Free Case Evaluation.
FAQs About Wrongful Death Cases in Queens, NY
Find answers to common questions regarding wrongful death claims in Queens.
New York, like every other state, has a time limit for wrongful death claims. If you’ve lost your loved one due to another party's negligence, you have two years from the date of their death to file a lawsuit. If you don’t file your suit within this statute of limitations, you’ll lose the ability to pursue compensation in the future.
Most insurance companies use two approaches when calculating wrongful death damages: the multiplier approach or the per diem approach. To arrive at a monetary figure, the insurance company and your attorney may consider the degree of damages suffered, available insurance, and the degree of fault or liability.
To file a wrongful death lawsuit in New York, you’ll need evidence of negligence, such as details of the incident, photos of the scene, names of witnesses, insurance information of all involved parties, the police report, and your loved one’s pay stub.
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Even though the firm has successfully represented clients from five continents and over 30 jurisdictions, Proner & Proner serves New York personal injury clients in all five boroughs from our office in Midtown Manhattan.
