Queens 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 Davidoff Law, 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 Queens wrongful death attorneys for a free consultation at our office in Forest Hills.
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 Davidoff Law, we are sincerely sorry for the loss you have endured. Our Queens 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.
$10 Million Wrongful Death from Motor Vehicle Accident
$2.3 Million Student Riding Motor Scooter
$2 Million Pedestrian Accident Involving a School Bus
$1.6 Million MVA - Rear End Collision
$1.5 Million Motor Vehicle Accident
$1.4 Million Slip & Fall Accident
$1.4 Million Motor Vehicle Accident from a Rear-End Collision
$1.4 Million Motor Vehicle Accident Resulting in Lower Back Injury
$1.3 Million Motor Vehicle Accident Resulting from Rear-End Collision
$1.3 Million Pedestrian Accident While Crossing the Street
$1.2 Million Motor Vehicle Accident - Rear-End Collision
$1.1 Million Motor Vehicle Accident Resulting from Rear-End Collision
$1 Million Motor Vehicle Accident Involving a Parked Car
$1 Million Motor Vehicle Accident Resulting in Neck & Back Injury
$975 Thousand Motor Vehicle Accident Involving a Cab Driver
$960 Thousand Truck Accident Back Injuries
$925 Thousand Truck Accident – Rear-End Collision
$900 Thousand Pedestrian Accident While Crossing the Street
$820 Thousand Motor Vehicle Accident, Rear-End Collision
$750 Thousand Motor Vehicle Accident While Stopped at a Traffic Light
“They were great. I just want to thank the law firm for taking on my case.” - Lorrine
“I had given up on ever seeing a settlement or end date to the case but they kept me updated and kept fighting.” - Diana