Wrongful Death Attorney in Queens

Proving negligence in a wrongful death case is a legal requirement. New York requires plaintiffs to prove four elements before their wrongful death case can proceed.

1. That your loved one's death was caused either partially or completely by the defendant's negligence.
2. That the defendant had a specific "duty of care" that they owed to the deceased individual (For example, drivers have a responsibility to not drive while intoxicated or distracted)
3. That the defendant breached their duty of care towards your deceased loved one and caused their death.
4. That you and your family members have suffered specific monetary and emotional damages as a result of your loved one's death

Unfortunately, proving negligence isn’t always easy, which is why it helps to have experienced attorneys from Morgan & Morgan fighting for your legal rights.

New York defines “wrongful death” as any death that results from the negligent or wrongful conduct of another person or party. In other words, if the individual had survived, they could file a personal injury suit. Most wrongful death claims arise out of traumatic accidents and events, like vehicle collisions, slips and falls, medical malpractice, pedestrian accidents, dog bites, and other situations resulting in injuries that lead to fatalities.

State law also mandates who is permitted to bring a wrongful death claim in New York. These individuals include:

• The personal representative of the decedent’s estate
• The decedent’s surviving spouse, domestic partner, or child/children
• The decedent’s surviving parent(s) if no spouse, domestic partner, or children exist

Additionally, anyone who can prove that they were dependent on the decedent at the time of death may be eligible to file a wrongful death claim and seek damages. This might include stepchildren, siblings, or even non-related individuals who depended on the decedent for financial support for at least six months in every single calendar year.

Morgan & Morgan is the nation’s largest personal injury law firm, and we have a proven track record of success. We have recovered over $20 billion in damages for our clients and have more than ten years of experience fighting for our client’s legal rights. We may be able to help you recover compensation for the loss of your loved one. If you believe you have a wrongful death case, contact Morgan & Morgan to schedule a free case evaluation with one of our specialists.