This page was written, edited, reviewed & approved by Ruben Davidoff following our comprehensive editorial guidelines Ruben Davidoff ,the Founding Partner, has 30+ years of legal experience as a New York personal injury attorney.
At Davidoff Law, our Queens wrongful death lawyer helps families seek justice after a tragic loss caused by someone else’s negligence. Losing a loved one suddenly brings emotional pain and financial strain that no one should face alone. According to the New York Department of Health, more than 5,000 accidental deaths occur across the state each year — many caused by preventable acts of negligence. Our compassionate team helps surviving family members file wrongful death claims against those responsible. Whether your case involves medical malpractice, car accidents, or workplace negligence, we fight to recover the compensation your family deserves.
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Our Queens Wrongful Death Lawyer Fights for Your Rights
We understand how devastating it is to lose a loved one because of another person’s careless or wrongful act. Our Queens wrongful death attorneys represent families throughout Queens, NY, and nearby communities, including Suffolk County and Long Island. We have a proven track record of handling wrongful death cases involving medical negligence, dangerous property conditions, and motor vehicle accidents. Our goal is to hold the at-fault party accountable and secure the financial support your family needs. We offer a free consultation to discuss your case and explain your legal options in a clear, compassionate way.
The Nuances of Wrongful Death Claims in New York
A wrongful death claim arises when a person dies because of someone else’s negligence, recklessness, or intentional misconduct. In New York, families can file a wrongful death lawsuit to seek compensation for medical expenses, lost wages, and emotional suffering. These cases often involve complex laws, strict deadlines, and detailed investigations. Our experienced wrongful death attorneys help families understand their rights under state law. We handle the legal process so that you can focus on healing after your loss.
What Qualifies as Wrongful Death Under New York Law
Under New York Estates, Powers & Trusts Law §5-4.1, a wrongful death occurs when a person’s death results from another’s negligent or wrongful act. These actions could involve careless driving, unsafe property conditions, or medical malpractice in hospitals and medical facilities. To qualify for a claim, the deceased person must have had a valid personal injury case if they had survived.
Common causes include:
- Motor vehicle accidents: car crashes, truck collisions, and motorcycle wrecks on Queens’ busy roadways
- Medical malpractice: surgical errors, medication errors, and birth injuries caused by medical negligence
- Workplace accidents: unsafe equipment, employer negligence, or construction site hazards
- Dangerous property conditions: slips, falls, or fires on unsafe premises
- Intentional actions: assaults, neglect, or misconduct leading to a loved one’s death
Our firm gathers medical records, witness statements, and other evidence to prove liability and seek maximum recovery for your family.
Who Can File a Wrongful Death Claim in Queens
In New York, only the personal representative of the deceased person’s estate can file a wrongful death action. This individual acts on behalf of surviving family members, ensuring that the case complies with all legal requirements. Damages recovered from the claim benefit the deceased’s dependents and heirs.
Eligible beneficiaries may include:
- A spouse or domestic partner
- Children, including adopted children
- The parents of the deceased person
- In some cases, siblings or other close relatives who relied on the deceased for financial support
At Davidoff Law, we guide families through this process and handle every legal detail to ensure the claim is filed properly and in a timely manner.
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Common Causes of Wrongful Death in Queens, NY
Wrongful deaths in Queens often result from preventable accidents and reckless behavior. Across New York City and New York State, thousands of families lose loved ones each year due to negligence. These tragic incidents can happen on busy roads, in hospitals, or at construction sites. At Davidoff Law, we help families pursue compensation and hold the responsible party accountable for their loss. Our York wrongful death attorneys have the local knowledge and experience to investigate fatal accidents and recover damages through strong legal action.
Motor Vehicle Accidents
Motor vehicle crashes remain one of the most common causes of wrongful death in Queens. NYPD crash data reports hundreds of traffic-related fatalities each year throughout New York City. These cases often involve a negligent driver, poor road maintenance, or a defective vehicle. Our legal team investigates every crash carefully to identify all at-fault parties, including drivers, manufacturers, or government entities that failed to maintain safe conditions.
We gather evidence to build a strong case, including:
- Police and accident reports
- Witness statements and dashcam footage
- Vehicle inspection and maintenance records
- Expert analysis on speed, visibility, and road design
Our goal is to recover compensation for the victim’s family through fair settlement negotiations or, when needed, in court.
Medical Malpractice
Medical malpractice is another major cause of wrongful death across Queens and the wider New York State area. Healthcare negligence—such as misdiagnosis, surgical errors, or medication mistakes—can turn treatable conditions into fatal outcomes. These tragic incidents often occur in hospitals, clinics, and nursing facilities where staff fail to meet standard care expectations.
As experienced personal injury lawyers, we handle complex cases involving:
- Surgical or anesthesia errors
- Failure to diagnose or delayed treatment
- Medication errors and incorrect dosages
- Birth injuries caused by medical negligence
Our team understands the medical and legal process required to recover damages from negligent healthcare providers and ensure justice for the deceased person and their family.
Workplace and Construction Accidents
Queens and nearby boroughs have many active construction and industrial sites. These workplaces pose high risks for fatal accidents, including falls, electrocutions, or equipment failures. Many wrongful death claims in this category involve employer negligence, unsafe equipment, or violations of labor laws.
We pursue compensation through all available legal channels, including:
- Workers’ compensation benefits for employees’ families
- Third-party claims against contractors or equipment manufacturers
- Lawsuits against property owners or government entities for unsafe conditions
Our firm fights to recover financial recovery for families affected by workplace deaths while promoting safer work environments across New York.
Types of Compensation in a Queens Wrongful Death Case
Families in wrongful death cases may be entitled to both economic and non-economic damages under New York law. These damages help ease the financial and emotional strain caused by the loss of a loved one. At Davidoff Law, we work on a contingency fee basis—meaning you pay no legal fees unless we recover compensation for you. Our compassionate team helps clients calculate full damages to pursue fair settlements and rebuild financial stability after a devastating loss.
Economic Damages
Economic damages provide financial support for the measurable losses that follow a loved one’s death. These include medical bills, funeral expenses, and lost household income. Our attorneys calculate these losses based on the victim’s earnings, age, and the family’s financial dependence.
Economic recovery may include:
- Medical expenses: hospital care and medical bills before death
- Funeral and burial costs
- Lost wages and benefits: income the deceased person would have earned
- Loss of services: value of caregiving, childcare, or household duties
- Future financial losses: projected earnings over the victim’s lifetime
We help families document every expense and ensure the claim reflects the true economic damages suffered.
Non-Economic Damages
Non-economic damages address the emotional pain and suffering that cannot be measured in dollars. These include the family’s grief, loss of companionship, and emotional distress. Although New York law limits recovery for emotional pain, proposed reforms may expand these rights soon. Our firm advocates for families to receive the maximum possible recovery for both tangible and intangible harm.
Non-economic damages may cover:
- Conscious pain and suffering experienced before death
- Loss of love and companionship for surviving family members
- Emotional distress caused by the wrongful act
- Loss of parental guidance for minor or adopted children
- Impact on quality of life following a loved one’s death
At Davidoff Law, we handle every wrongful death case with compassion and commitment. We fight to help families recover damages and achieve justice through fair settlement or trial when necessary.
Why You Need an Experienced Wrongful Death Attorney in Queens
Wrongful death cases are emotionally painful and legally complex. Families often face medical bills, lost income, and grief while trying to understand their rights. At Davidoff Law, we help families in Queens handle every step of the legal process. We know that proving a wrongful death requires time, skill, and dedication. With our local knowledge and years of experience, we work to recover full compensation and hold the responsible party accountable for gross negligence or misconduct.
How Our Experienced Wrongful Death Attorneys Build Strong Cases
We follow a clear, proven process to build strong wrongful death cases. Our attorneys begin each case with an initial consultation to understand what happened and identify who is at fault. Then, we conduct a detailed investigation and gather evidence, including medical records, police reports, and expert testimony. We consult specialists in accident reconstruction, medical negligence, and workplace safety to strengthen your claim.
Our approach includes:
- Reviewing all documents and records to prove negligence
- Working with expert witnesses to explain the cause of death
- Negotiating aggressively for fair settlement offers
- Taking the case to trial if the at-fault party refuses responsibility
Many cases settle out of court, but we are always prepared to fight for your rights before a jury if necessary.
The Importance of Legal Representation
Hiring skilled legal representation makes a major difference in wrongful death claims. Our personal injury lawyers ensure all filings, deadlines, and procedures under New York law are handled correctly. This gives your family peace of mind while we manage the legal process. We communicate with insurance companies, opposing counsel, and courts so you can focus on healing.
Working with Davidoff Law means:
- Dedicated guidance through every stage of your case
- Legal protection against unfair settlement tactics
- Compassionate communication and updates about your claim
- Confidence knowing your case is in capable hands
Our goal is simple—to help your family seek justice and fair compensation with compassion and strength.
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The Legal Process for Wrongful Death Cases in Queens
The wrongful death process involves several key elements, from investigation to final resolution. Every case starts with a free initial consultation, where we listen to your story and explain your legal options. We then build your case step by step, focusing on evidence, liability, and financial recovery. Throughout this process, we keep you informed and involved, ensuring you understand each decision.
Investigation and Filing the Claim
Our legal team begins by investigating every detail of the incident. We collect medical records, police reports, and financial documents to show the full impact of the loss. This evidence helps us file a strong claim under New York’s wrongful death laws. We also identify all potential defendants—whether it’s a negligent driver, employer, or property owner—and determine the best legal strategy for your family.
We work to:
- Gather witness statements and accident documentation
- Review medical files and expert opinions
- Calculate both economic and non-economic damages
- File all claims within the required deadlines
This careful preparation ensures your claim stands on solid legal ground.
Negotiating Settlements and Going to Trial
Many wrongful death cases settle through negotiation, but not all. Our attorneys use strong evidence and negotiation skills to reach a fair settlement that truly reflects your family’s losses. If the insurance company or defendant refuses to pay what is fair, we are ready to take the case to trial.
During this stage, we:
- Present clear evidence showing the responsible party’s negligence
- Work with experts to explain damages and conscious pain and suffering
- Negotiate fair compensation that covers both financial and emotional losses
- Represent your family in court if necessary
At Davidoff Law, we pursue compensation through every available legal avenue. Our mission is to achieve justice and help your family move forward after an unimaginable loss.
Frequently Asked Questions (FAQs)
We help families file wrongful death claims, gather evidence, and pursue compensation for medical bills, lost wages, and emotional losses caused by someone else’s negligence or wrongful act.
In most cases, families have two years from the loved one’s death to file a wrongful death lawsuit under New York law. Acting quickly protects your right to recover damages.
Families can recover both economic and non-economic damages, including medical expenses, funeral costs, lost financial support, and compensation for conscious pain and emotional suffering.
Yes. A wrongful death claim can arise from medical malpractice, such as surgical errors, medication mistakes, or misdiagnosis, that lead to fatal injuries or preventable deaths.
Settlements are typically distributed according to the level of financial dependence each family member had on the deceased, under New York Estates and Trusts law.
We provide skilled legal representation, investigate every detail of the case, and negotiate with insurers or responsible parties to secure fair settlements for surviving family members.
Contact Our Queens Wrongful Death Attorneys for a Free Consultation
At Davidoff Law, we know how painful it is to lose a loved one due to negligence or wrongdoing. Our Queens wrongful death attorneys help families recover compensation and seek justice after fatal accidents, medical malpractice, or other tragic incidents. We have a proven track record of success handling wrongful death and personal injury cases across Queens, NY, and throughout New York State.
We offer every family a free consultation to discuss their case and legal options. We work on a contingency fee basis, meaning you pay no legal fees unless we recover damages for you. Our compassionate team is here to guide you through the process with care, respect, and dedication to achieving the justice your family deserves.
