QUEENS WRONGFUL DEATH ATTORNEY

Losing a loved one unexpectedly is devastating. When that loss results from another person or company acting carelessly, recklessly, or wrongfully, state law may allow surviving family members to seek accountability and financial recovery.

In general, a wrongful death occurs when a person dies due to another party’s negligence, misconduct, or wrongful act. These claims are governed by New York’s wrongful death laws.

A wrongful death lawsuit allows eligible surviving family members to pursue compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case in Queens, an attorney typically must demonstrate:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the claim and how any compensation is distributed will depend on New York law.

Wrongful death claims can result from a wide range of preventable incidents. Although each case is unique, certain types of fatal accidents tend to occur more often due to common risk factors and everyday activities. Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice at hospitals or surgical centers
• Construction site and other workplace accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Each of these situations may give rise to a civil wrongful death claim, which is separate from any criminal charges that may also be filed.

If you believe a wrongful death may have occurred, taking timely action can help protect your rights and support a potential claim. Consider the following steps:

• Obtain a death certificate: The official death certificate records the cause of death and may serve as an important piece of evidence.
• Gather evidence: Collect medical records, accident reports, photographs, witness statements, and any other relevant documentation. If the death occurred in a workplace or medical setting, obtain any available records related to treatment, procedures, or potential safety violations.
• Speak with an attorney: A wrongful death attorney can review the circumstances, help identify potential liability, and explain your legal options.
• Be cautious when dealing with insurance companies: Insurance representatives may try to limit the value of a claim. It’s often best to consult an attorney before providing statements or accepting any offers.
• Understand who can file a claim: New York law determines who is eligible to bring a wrongful death lawsuit, which may involve the personal representative of the estate acting on behalf of surviving beneficiaries.
• Be aware of the statute of limitations: New York imposes deadlines for filing wrongful death claims. Missing these deadlines can prevent you from pursuing legal action.
• Consider the full impact of the loss: Wrongful death claims may include compensation for medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the full range of damages that may be available under New York law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here are some of the main considerations:

Was there negligence or misconduct?

To pursue a wrongful death claim, you must show that another party’s negligence, recklessness, or wrongful conduct caused the death. This may include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a provider’s error
• Unsafe workplace conditions leading to a fatal incident
• Criminal acts, such as assault or homicide

Did the death result from that conduct?

There must be a direct connection between the responsible party’s actions (or failure to act) and the death. For example, if a doctor failed to properly diagnose a treatable condition and the patient later died as a result, that may support a valid claim.

Do you have legal standing?

Only certain individuals are allowed to file a wrongful death lawsuit, and eligibility varies by state. In many cases, the claim is brought by eligible surviving family members or by the personal representative of the estate on behalf of beneficiaries.

Those who may qualify often include a surviving spouse, children, parents, or other financially dependent relatives, depending on state law.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state sets a deadline for filing a wrongful death claim. If that deadline passes, you may lose the right to pursue legal action.

New York law specifically outlines who may bring a wrongful death claim. In New York, the lawsuit must be filed by the personal representative (executor or administrator) of the deceased person’s estate on behalf of eligible surviving family members.

Those who may benefit from the claim may include a surviving spouse, children, parents, or other distributees, depending on the circumstances and state law.

New York law allows eligible beneficiaries to recover certain damages, which are distributed through the estate in accordance with state rules.

If a personal representative has not yet been appointed, probate proceedings may be required to designate one to act on behalf of the estate.

New York law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit (civil case) and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Civil case: Filed by eligible family members or the estate to pursue financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The focus is on recovery, not punishment.
• Criminal case: Prosecuted by the government to address violations of criminal law. The goal is to impose penalties, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must prove liability by a preponderance of the evidence (meaning it is more likely than not).
• Criminal case: The prosecution must prove guilt beyond a reasonable doubt, a much higher standard.

Who Brings the Case

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible Outcomes

• Civil case: May result in a financial award for the family.
• Criminal case: May result in criminal penalties, such as incarceration or fines.

Can both happen at the same time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies due to another party’s negligence, but they serve different purposes.

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The focus is on how the death affects the surviving beneficiaries.

A survival action, by contrast, is filed on behalf of the deceased person’s estate. It seeks to recover damages the individual could have claimed if they had survived, such as medical expenses, lost income, and other losses incurred between the injury and death. Instead of compensating the family’s loss, it carries forward the claim the deceased would have pursued.

The key difference lies in timing and purpose. Wrongful death claims address losses experienced by survivors after the death, while survival actions address losses the deceased experienced before passing. In some cases, both claims may be pursued together.

In a wrongful death case, compensation (also called damages) is intended to address legally recognized losses resulting from the death. The types of damages available depend on state law and the specific facts of the case.

Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving particularly reckless or intentional conduct, additional damages may be available under applicable state law.

Because wrongful death laws vary by state, an attorney can help determine what forms of compensation may apply in your situation.

Proving liability in a wrongful death case requires showing that the defendant’s actions (or failure to act) legally caused the death. While the process can be complex, most cases focus on establishing negligence, recklessness, or intentional misconduct.

Establishing Negligence (or Other Legal Theories)

In many wrongful death cases, the plaintiff, typically an eligible family member or estate representative, must prove that the defendant failed to exercise reasonable care.

To establish negligence, the following elements are generally required:

• Duty of care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical professionals must provide competent care.
• Breach of duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or Reckless Conduct

If the defendant acted intentionally or with reckless disregard for safety, liability may be based on those legal theories rather than simple negligence. The plaintiff must still show that the conduct directly resulted in the death.

Evidence Used to Prove Liability

Establishing responsibility often involves gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (medical, accident reconstruction, and economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing Potential Defenses

Defendants may argue that the deceased was partially responsible for the incident. The effect of shared fault depends on state law, which may reduce or limit recovery in certain circumstances. Strong evidence and legal advocacy are essential to counter these arguments.

Legal Guidance Matters

Wrongful death cases can involve complex facts, multiple parties, and significant financial stakes. An experienced attorney can investigate the incident, preserve critical evidence, consult experts, and build a case designed to establish liability under applicable state law.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to offer specialized knowledge that supports the plaintiff’s claims or challenges the defendant’s arguments. Expert witnesses are typically professionals in fields related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss. 

Here’s how insurance may be involved:

• Defendant's insurance coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company will typically handle the defense and may offer a settlement to avoid going to trial. This can help survivors recover financial compensation more quickly.
• Life insurance: If the deceased had a life insurance policy, the beneficiaries (such as the spouse, children, or other dependents) may be able to claim the death benefits. This is separate from a wrongful death lawsuit, but it can provide additional financial support.
• Employer’s insurance: If the wrongful death occurred due to a work-related accident, the employer’s workers' compensation insurance may cover certain expenses, though it typically does not cover non-economic damages like pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance plays a key role in providing compensation for wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers' compensation coverage. However, insurance coverage does not always cover all types of damages, and the amount of compensation available will depend on the specifics of the case.

You should also note that insurance companies typically fight aggressively, and legal representation levels the playing field.

While hiring a lawyer is not legally required for a wrongful death claim, it is strongly recommended. These cases can be complex, often involving legal procedures, evidence collection, and negotiations with insurance companies or opposing parties. Having experienced representation can help you pursue fair compensation and navigate the process more effectively.

New York’s wrongful death laws include specific requirements regarding who can file a claim, what damages may be available, and the time limits for taking legal action. An attorney can help ensure your claim complies with these rules.

Proving that negligence or intentional conduct caused the death also requires substantial evidence, such as accident reports, medical records, expert opinions, and witness statements. An attorney can assist in building and presenting a strong case.

Insurance companies may attempt to limit payouts by offering low settlements or disputing liability. A lawyer can manage negotiations on your behalf and advocate for a fair outcome.

If a settlement cannot be reached, the case may proceed to trial. Litigation involves filing legal documents, presenting evidence, and making arguments in court; steps that an experienced attorney can handle while protecting your interests.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in New York and understand the local courts, judges, and insurance practices. Our firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Queens team today for a free case evaluation to learn more about your legal options.