Forest Hills Wrongful Death Attorneys
Fighting for Justice for Families in Queens & All of New York
Losing a loved one unexpectedly is the most difficult thing a person can go through. When a person is wrongfully killed due to the negligent or unlawful actions of another person, the surviving family members are left grappling with immense emotional and financial challenges. At The Law Firm of Davidoff & Associates, we want to help you overcome these challenges.
We know that there is nothing that could ever undo what you are going through; no amount of recovery can “compensate” you for the loss of your loved one. However, filing a wrongful death lawsuit against the negligent party can not only provide you with a much-needed feeling of justice, but it can also provide financial relief during this difficult time. Continue reading to learn more about filing a wrongful death lawsuit in New York, or contact our Forest Hills wrongful death attorneys for a free consultation at our office in Queens.
What Makes a Death Wrongful?
In the eyes of the law, a “wrongful” death occurs when the death was the result of negligence or misconduct. For example, if a drunk driver causes an accident that leaves another dead, the drunk driver has acted negligently and unlawfully and can therefore be held liable for the damages suffered by the deceased’s family.
Essentially, when a death could have and should have been prevented, it is considered wrongful according to the law.
Who Can File a Wrongful Death Lawsuit in New York?
The state of New York has guidelines governing who may bring a wrongful death action. The wrongful death claim must be filed by the personal representative of the deceased’s estate on behalf of certain surviving family members.
These family members include:
- The decedent’s spouse
- The decedent’s child/children
- The decedent’s parent(s)
- Any dependent, beneficiary, or heir of the decedent
These family members are eligible to recover damages, but they cannot actually bring the claim themselves. Only the personal representative of the estate can file the claim; if no personal representative was named in the decedent’s estate plan (e.g. if there was no will), the court will appoint one.
What Damages Can Surviving Family Members Recover?
In a wrongful death claim, surviving loved ones seek compensation for damages they have suffered due to the decedent’s passing.
In New York, eligible family members can recover compensation for the following damages:
- Medical expenses incurred for final treatment for the deceased
- Funeral expenses
- Lost wages, income, and benefits
- The value of family services/support the deceased provided
- The value of parental care lost (for surviving children)
- Loss of expected inheritance
- Pain and suffering the deceased experienced prior to death
Unfortunately, New York does not permit surviving family members and loved ones to recover for their own mental and emotional distress in the wake of their loved one’s death.
Providing Compassionate, Time-Tested Legal Representation
At The Law Firm of Davidoff & Associates, we are sincerely sorry for the loss you have endured. Our Forest Hills wrongful death attorneys are here to guide you through the legal process and work to recover the maximum compensation you and your family are owed. We are happy to answer any questions you may have. We offer contingency fees, meaning you do not owe us anything unless/until we recover a settlement or verdict on your behalf.
Wrongful Death from Motor Vehicle Accident $10,018,876
Settlement for a wrongful death resulting from a motor vehicle accident.
Pedestrian Accident Involving a School Bus $1,950,000
75-year-old woman crossing the street when struck by a school bus, sustaining a fractured skull with associated traumatic brain injury.
Motor Vehicle Accident from a Rear-End Collision $1,375,000
47-year-old warehouse worker involved in a rear-end collision. He suffered neck and back injuries requiring disc fusion surgery to his lower back.
Motor Vehicle Accident Resulting in Lower Back Injury $1,350,000
37-year-old woman, a homemaker, sustained a serious injury while driving her child from school. Among other injuries, she suffered an injury to her lower back, requiring surgery involving a discectomy with fusion.
Motor Vehicle Accident Resulting from Rear-End Collision $1,250,000
A 42-year-old construction worker was involved in rear-end collision in the Bronx. Among other injuries, he suffered neck, shoulder and back injuries, requiring multiple surgeries. The case has been resolved at the time of trial.
Pedestrian Accident While Crossing the Street $1,250,000
A 71-year-old woman, a secretary, was crossing the street when she was hit by a car. She sustained multiple injuries, including a fractured leg, requiring several surgeries. The case has been resolved during the discovery stage.
Motor Vehicle Accident Resulting from Rear-End Collision $1,100,000
A 71-year-old retired female involved in a rear-end collision. She sustained traumatic injuries to both shoulders and neck which necessitated disc fusion.
Motor Vehicle Accident Involving a Parked Car $1,000,000
The Highest Verdict in the State of New York obtained in a Summary Jury Trial. A 68-year-old male was loading groceries inside his parked vehicle when another vehicle collided with his car. Subsequently, the claimant required two procedures to repair his disabled left shoulder.
Motor Vehicle Accident Resulting in Neck & Back Injury $1,000,000
A 37-year-old stay-at-home mother/wife sustained a severe injury to her neck and back.
Motor Vehicle Accident Involving a Cab Driver $975,000
A 50-year-old female cab driver was stopped at the light when she was struck in the rear by a van. Among other injuries, she sustained a severe injury to her neck that required a multi-level disc fusion.
Very professional and kind.- Derek
I would refer Mr. Davidoff to someone in a heartbeat...- Eddie
The firm handled my process and my issues professionally.- Adelya
They work hard to get you what you deserve.- Lorrine
Informative, helpful and very understanding people.- Ardens
Experience on Your Side
We leverage decades of experience to fight for the full compensation that you deserve after an accident.
Focused on Personal Injury
Our commitment to personal injury law allows us to stay informed on changes that can impact your case.
Our attorneys work closely with each client, following up on medical appointments and staying involved every step of the way.
Our lawyers abide by a standard of ethics in service of our clients’ safety and satisfaction.
We are here to guide you through the legal process & provide you with legal solutions tailored to your case.
Available & Accessible
We dedicate time to each and every client and are committed to being there for you when you need us.