Queens Wrongful Death Attorneys

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.

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.

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.