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Queens Wrongful Death Lawyer

Queens Wrongful Death LawyerDid you recently lose a family member in an accident in Queens, NY? A Queens wrongful death lawyer at Oresky & Associates, PLLC can help you fight to hold the responsible parties liable for fair compensation. You may be entitled to money to help with funeral costs, medical bills and more.

We have over 30 years of experience helping grieving families recover the money they deserve. We’ve recovered over $400 million in settlements and jury verdicts.

You’ve already suffered an unimaginable loss. You shouldn’t have to worry about how you’ll pay the bills and support your family. Call our law offices in Queens, New York at (347) 507-3884 or contact us here to schedule a free consultation with a lawyer who can help.

How Oresky & Associates, PLLC Can Help With a Wrongful Death Claim in Queens

How Oresky & Associates, PLLC Can Help With a Wrongful Death Claim in QueensLosing a loved one can be overwhelming on its own. If the loss was sudden, the pain can be even more difficult to bear. The financial fallout can add insult to injury – especially if the victim provided financial support for the family.

Oresky & Associates, PLLC is an award-winning law firm that has recovered hundreds of millions of dollars for injured clients. Over the years, our Queens personal injury attorneys have been rated by Super Lawyers and earned a spot on the Multi-Million Dollar Advocates Form.

When you hire us, we’ll use our decades of experience to:

  • Thoroughly investigate your loved one’s death
  • Work with experts and specialists who can provide testimony about causation, liability and the value of your claim
  • Protect you from allegations of shared fault 
  • Stop the insurance company from using scare tactics to pressure you into accepting a lowball settlement
  • Handle all insurance negotiations and fight to maximize your settlement

You shouldn’t have to struggle alone with the financial consequences if you lost a loved one in a tragic accident. Our founding attorney has been helping clients like you recover compensation since 1987 – and our Queens personal injury lawyers know the laws inside and out. 

Quality legal advice is just a phone call away, so contact us to schedule a free consultation today.

What is Wrongful Death?

Wrongful death is the legal term for a death that occurs because of another party’s careless, reckless or wrongful acts. An action for wrongful death gives surviving family members the right to seek compensation if the decedent would have been able to file a personal injury lawsuit.

Wrongful deaths occur for various reasons, including motor vehicle accidents, falls and even workplace accidents.

Who is Entitled to File an Action for Wrongful Death in New York City?

The deceased person’s personal representative files the wrongful death lawsuit in New York. The personal representative can be a family member or another person who was appointed to the role.

The personal representative files the lawsuit on behalf of the decedent’s family members, including:

  • A surviving spouse
  • Children
  • Parents 

The surviving family members are those who will actually receive the compensation recovered in the wrongful death lawsuit. 

What is My Queens Wrongful Death Case Worth?

The value of any wrongful death claim depends on the unique facts of the case. Often, the value of your case will depend on the identities of the survivors.

While every case is different, some relevant factors include:

  • The ages of any surviving children or dependents
  • The victim’s age and life expectancy
  • The victim’s prior earnings history and future earning potential
  • The type of support the victim provided for the family
  • Whether the decedent survived for any period of time after the accident
  • The cost of medical treatment prior to death

Often, our lawyers will work with experts in economics and planning who can help estimate your financial losses. In cases where a survivorship action is combined with a wrongful death lawsuit, we can also hire experts to testify about your loved one’s pain and suffering prior to the accident.

Do you have questions about how much your Queens wrongful death case is worth? Our lawyers can help. Before taking any insurance settlement, reach out to our legal team to schedule a free consultation.

What Types of Damages Are Available in an Action for Wrongful Death?

Under the New York Estates, Powers and Trusts Law (EPTL), survivors are entitled to “fair and just compensation for pecuniary injuries”.

In other words, surviving family members are entitled to compensation to make up for the economic damages sustained because of the victim’s death. Unlike other states, survivors in a New York wrongful death case aren’t entitled to damages for loss of consortium or other non-economic damages.

By filing a wrongful death lawsuit, you may be entitled to compensation for:

  • Funeral and burial costs
  • Financial support and lost wages
  • Loss of inheritance
  • Loss of the decedent’s employment benefits
  • Household services the decedent would have provided, including childcare and housekeeping
  • The decedent’s medical expenses, from the date of injury until the date of death

A survivorship action is different. Assuming the victim did not die instantly, it may also be possible to recover additional damages for the victim’s pain and suffering prior to death.

Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in New York?

You should be prepared for the possibility that the insurance company might blame your loved one for causing their own death. If the insurance company can prove that your loved one was partly responsible, they can reduce your compensation.

New York is a pure comparative fault state. Anyone who contributed to the accident is responsible for their proportionate share of the damages. So, your financial award will be reduced by the degree that your loved one contributed to the accident.

If the court allocates 25% of the blame to the decedent, your settlement or verdict will be reduced by 25%.

It’s entirely possible that you weren’t there when the accident happened. Of course, your loved one isn’t around to tell their side of the story. That’s why we highly recommend working with an experienced Queens wrongful death attorney.

At Oresky & Associates, PLLC, we have the resources to conduct a detailed investigation. We’ll identify evidence that can be used to downplay your family member’s role in the accident. To learn more, give us a call for a free case review today.

What Are the Most Common Causes of Wrongful Death in Queens, New York?

Wrongful death can happen in many different ways. Sometimes, it’s the result of intentional violence. More often, wrongful death claims are based on negligence.

At Oresky & Associates, PLLC, we handle all types of wrongful death cases in Queens, including those involving:

Our lawyers are committed to helping you seek the maximum compensation possible. To learn more about legal representation, call our law firm in Queens for a free case evaluation today.

How Do I Establish Negligence After a Fatal Accident in New York? 

To recover damages for wrongful death, you must prove that the responsible party’s acts caused your loved one’s death. Most often, that means proving negligence.

There are four elements to a successful negligence case. You must establish:

  • The defendant’s legal duty of care
  • A breach of duty
  • The breach of duty directly caused your loved one’s death
  • The economic losses, or damages, sustained by surviving loved ones

To prove liability, our lawyers will launch an investigation into the circumstances of your loved one’s death. Depending on the situation, we might use video footage, police reports, witness statements, medical records and other evidence to prove your case.

Do you have questions about your legal options after the loss of a loved one? Don’t wait to take legal action. This page is for general informational purposes only, so call our team at Oresky & Associates, PLLC to learn more about how we’ll fight to protect your family’s financial security.

How Long Do I Have to File a Wrongful Death Lawsuit in New York?

The statute of limitations in most wrongful death cases is two years in the state of New York. In other words, the executor has two years from the date of death to file a lawsuit. If the deceased person was a victim of medical malpractice, the personal representative must file a lawsuit within two years and six months from the date of death.

However, if the responsible party is facing criminal charges, you’ll have one year from the date the criminal charges are resolved to file a wrongful death lawsuit.

These deadlines are crucial. If the personal representative doesn’t file a lawsuit before the statute of limitations expires, your family will lose your right to compensation.

Contact a Queens Wrongful Death Lawyer for a Free Consultation

Winning fair compensation after the death of a loved one can be an uphill battle in NYC. At Oresky & Associates, PLLC, our experienced attorneys are up to the challenge. To learn more about how we’ll fight to protect your family, call to speak with a Queens wrongful death lawyer today.

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Bronx Office
149 E 149th St
NY 10451
(718) 993-9999

Oresky & Associates Bronx Office

 

Queens Office
104-09 Roosevelt Ave
NY 11368
(347) 507-3884

Oresky & Associates Queens Office

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Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.
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