Experienced Queens Wrongful Death Attorney - Personal Injury Law
In personal injury law, perhaps the most difficult claim is a wrongful death claim. Wrongful death is when someone has died as a result of another’s criminal or negligent behavior. Although a wrongful death claim will never make up for the death of a loved one, it does allow family members to receive compensation for some of their losses.
At K L Sanchez Law, our Queens wrongful death attorneys have dedicated their careers to the legal rights of injured parties and their families. If you are considering filing a wrongful death lawsuit, contact us for a free consultation with our Queens personal injury attorneys. We offer compassionate representation at a time when you need it most.
Call us at (646) 701-7990.
Who Can File a New York Wrongful Death Lawsuit?
In New York State, when a family member suffers a fatal accident due to the negligence of another, a wrongful death lawsuit may be initiated by family members or a personal representative of the estate. Under New York law, a wrongful death claim can be brought if a loved one’s death was wrongfully or negligently caused by:
- Intentional actions or criminal acts
- Medical malpractice
- Motor vehicle Accidents
- Defective products
However, not all family members are eligible to seek damages in a wrongful death claim in Queens, NY. This ability is usually limited to the deceased party’s spouse, children, or parents. If there is no spouse, children, or parents, a personal representative of the estate or a court-appointed representative may contact an injury lawyer in Queens.
There may be other circumstances where other legal dependents or family members may pursue a claim. If there is no spouse, children, or parents, a personal representative of the estate or a court-appointed representative may bring forth a wrongful death suit on behalf of other family members. It’s important to get the advice of an experienced Queens personal injury lawyer to understand your rights and handle wrongful death claims in your particular situation.
For a free consultation with Keetick Sanchez, call now (646) 701-7990.
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Do I Have Grounds to Pursue a Wrongful Death Claim in Queens?
Wrongful death is similar to a personal injury claim, except that the family members are filing it in the name of the estate. Consequently, just like a personal injury claim, your Queens injury lawyer must prove a case of negligence against the defendant. In legal terms, negligence is behavior without the same standard of care that a reasonable person would have exercised under the same circumstances.
If negligence can be proven, you may be able to file a wrongful death lawsuit to seek compensation for damages such as:
- The pain and suffering that your loved one endured pre-death
- Any medical costs that your loved one incurred because of the incident
- Any funeral, burial, or cremation costs
- Loss of your loved one’s income
- The value of what your loved one provided in services such as childcare
- Loss of the care, guidance, and nurturing that your loved one provided
- Loss of love and companionship
- Loss of consortium
If you’ve lost a loved family member but are not sure if you are entitled to pursue a claim, we are here to help. Call to speak with one of our Queens, NY wrongful death attorneys today. Our team of experienced attorneys offers a comprehensive free consultation to any client who believes they may have wrongful death cases.
For a free consultation with injury attorney Keetick Sanchez in Queens, call (646) 701-7990.
How a Wrongful Death Lawyer Establishes Fault In a Wrongful Death Case in Queens
Proof of negligence is broken down into specific steps. In these steps, your attorney will have to prove that:
- The defendant had a duty of care toward the deceased. For instance, In the case of a car accident, the defendant owed a duty of care to drive safely. Or in the case of medical malpractice, the doctor had a duty of care to properly diagnose, treat, or warn the patient of issues.
- The duty of care was breached.
- The breach caused the death of the deceased.
- There are costs or other damages that can be compensated for.
Speak to the experienced attorneys at K L Sanchez Law Office in Queens about your wrongful death lawsuit today. Our team of wrongful death attorneys in Queens, NY, may be able to help you seek damages for the death of a loved one.
Should You Seek Compensation For the Wrongful Death Of A Loved One?
When it comes to wrongful death, there are benefits and drawbacks to bringing forth a lawsuit.
- You will be able to hold the person who was responsible for the death of your loved one accountable.
- Wrongful death compensation will offset real economic costs that are still outstanding such as medical and funeral costs.
- Wrongful death compensation will offset some of the financial loss you may be suffering due to the deceased’s lost income.
- Wrongful death compensation may offset the pain and suffering that your loved one endured.
- Wrongful death compensation may also offset some of your own emotional loss.
The unfortunate drawbacks to filing a wrongful death lawsuit can be:
- Having to discuss emotionally difficult issues surrounding the accident and death of your loved one.
- The feeling that you are putting an economic price tag on your loved one’s life.
It’s important to keep in mind that a wrongful death case in Queens is not meant to make up for your grief. Although it is a very emotional time for the family, it is also often a financially difficult time. A wrongful death claim is meant to provide a financial means to offset economic and non-economic damages that your loved one would have been able to claim had he or she survived.
If you are considering a wrongful death claim, you should get the guidance of a skilled attorney in Queens to understand what wrongful death cases are designed for and how they can benefit your particular set of circumstances.
Determining losses and damages in a wrongful death claim can be complex. Some damages are easily quantifiable and others will require extensive research and analysis. Quantifying damages like future income, household services, and loss of love and comfort requires a skilled Queens injury lawyer to consider many different aspects such as life expectancy, career advancement, inflation, and other factors.
Our team of injury attorneys at K L Sanchez Law Office in Queens may be able to help you seek damages for the wrongful death of a loved one. As experienced lawyers, we will work hard to help you receive the maximum amount of compensation possible for your wrongful death case in New York.
Call (646) 701-7990 to schedule a free consultation regarding your case.
What if the Victim is Also At-Fault for the Wrongful Death Accident in Queens?
It is a very common strategy to place blame on the victim of an accident when it comes to wrongful death cases in Queens. While there may be some cases where the victim did contribute to the accident that resulted in their death, it doesn’t automatically mean that their loved ones are not allowed to file for a wrongful death lawsuit. However, if this is proven true, it may affect the amount that a loved one may ultimately be able to recover.
In New York, which is a comparative negligence state, everyone who is liable for the accident will be held responsible. If the victim did contribute to the accident which ended fatally, the damages that their loved ones may be able to recover will reflect that fault. For example, if the victim is to be blamed for about 25% of the accident that resulted in their death, then the damages their loved one will be able to collect will be reduced by 25%.
If a loved one has been the victim of a wrongful death accident, it is important to seek the legal advice of an experienced Queens wrongful death accident lawyer right away. A skilled lawyer may be able to help the loved ones of a wrongful death accident victim seek the compensation they deserve. Contact K L Sanchez Law Office today to schedule a free consultation with our Queens wrongful death lawyers.
Who Can Receive Money From a Wrongful Death Case in Queens, NY?
A New York wrongful death lawsuit may be filed by the victim’s spouse, children, or parents. Other family members of victims may also file a lawsuit in certain cases if they are named as representatives of the estate.
The economic losses that result from the fatal accident will determine the amount of compensation awarded in the wrongful death suit. These details will be included in the settlement documents. The spouse and children are usually the beneficiaries of wrongful death awards. However, this may not always be true depending on the financial support they received at the time.
In a survivorship case, damages for conscious pain and suffering or fear of impending death are awarded to the estate of the victim. The Will determines how the estate is distributed. The estate is distributed according to New York’s intestate law if the victim dies without a will. It goes as follows:
- A spouse who dies without children leaves an estate to their spouse.
- If a spouse and children receive $50,000, half of that goes to the spouse. The other half goes equally to the children.
- If there are no children, the estate will be divided equally between the children and the spouse.
- For parents with no children or spouse, the estate is left to the parents
- Siblings with no parents, spouse, children, or siblings, siblings will split the estate equally
If your wrongful death lawsuit is decided by a jury, instead of being settled out of court, the jury will determine how damages are divided.
Call K L Sanchez Law Office today at (646) 701-7990 to schedule a free consultation about your wrongful death case in Queens, New York.
Wrongful Death Attorney Keetick L. Sanchez Explains Pecuniary Loss Statute in Queens, New York
The New York Estates Powers and Trust Laws (EPTL) govern wrongful death cases in New York. EPTL Section 5-4.1 entitled “Action by the personal representative for the wrongful act, neglect or default causing the death of a decedent,” allows the legal representative of an estate to file a wrongful death action. EPTL Section 5-4.3 entitled “Amount to be recovered” governs the right to claim damages for wrongful deaths. This statute is also known as a “pecuniary-loss statute”.
The legal representative of the deceased must prove that there was a pecuniary loss. This includes the loss of support for the next of kin due to the decedent losing their earnings. A claim can be made by the decedent’s legal representative for economic losses suffered as a result of the death of their spouse or dependent children. Economic loss does not only include loss of earnings.
You may also be entitled to claim loss of services to your spouse and parental care and guidance for your children. If a child dies, the parents can be sued for the loss of their services. The statute is a pecuniary-loss statute. It is important that the attorney understands the restrictions of the Statute. He or she must also prepare the case to show all economic losses. This will ensure maximum recovery. Because every case of wrongful death has its own set of losses, such as lost wages, care costs, pain, and suffering, as well as the cost of care, we retain expert economists and financial analysts.
If you lost a loved one due to injuries from a wrongful death accident, it is important to seek the help of an experienced wrongful death lawyer. A skilled lawyer may be able to help with your wrongful death case and help you receive the compensation you deserve.
Speak to the Experienced Queens Wrongful Death Attorneys at K L Sanchez Law Office Today
Although nothing can alleviate the pain of losing a loved one, compensation does help alleviate some of the emotional and financial stress if their death was caused by the negligence of another party. If you have lost a loved one due to the wrongful conduct and negligent behavior of another, you deserve to be compensated for that loss.
Deciding on whether to file a wrongful death claim in Queens, NY is a highly personal decision, but at K L Sanchez Law, our skilled personal injury lawyers can provide you with information and options about a wrongful death case so you can make an educated decision. It’s important to get the advice and counsel of a skilled personal injury lawyer in Queens as soon as possible after the death of a loved one to meet the two-year statute of limitations.
When you have suffered the devastating loss of a family member in Queens, NY due to the negligence of another party, you should contact the law firm of K L Sanchez Law to understand your rights to file a wrongful death lawsuit. Queens, NY injury lawyer Keetick L. Sanchez and our team of attorneys are dedicated to helping the families of accident victims recover compensation after the death of a loved one in order to move on from their tragic loss.
Contact us for a free consultation at (646) 701-7990.