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In life’s most challenging moments, the unexpected loss of a loved one due to negligence can shatter a family’s emotional and financial stability. However, for those grappling with the aftermath, the prospect of a wrongful death lawsuit may offer a pathway to justice and compensation.
The Queens, NY wrongful death attorneys at Hill & Moin LLP stand as steadfast allies, committed to providing compassionate guidance in these trying times. If you and your family are coping with the unforeseen loss of a loved one resulting from another’s negligence, our legal team can meticulously assess your Queens wrongful death case. Our law firm is dedicated to offering thoughtful consideration and outlining potential avenues for seeking compensation.
To embark on this journey toward justice, connect with us at (212) 668-6000 for a free consultation—because in your fight for justice, we stand as more than attorneys; we stand as your advocates and allies.
In Queens and the other boroughs of New York City, wrongful death is legally defined as a tragic event resulting from the negligence or misconduct of another party, leading to the untimely death of another person. Situations that can lead to the wrongful death of a person can stem from a wide variety of factors. The list includes car accidents, medical malpractice, slips and falls, assaults of all sorts, construction accidents; the list can go on.
According to New York law, a death is deemed wrongful when it occurs due to a “wrongful act, neglect or default,” which, if the deceased had survived, would have given rise to a legal cause of action. This places responsibility on the party whose wrongful conduct led to the fatal outcome, be it an individual or an entity such as a company, county, or municipality.
Differentiating between wrongful death and murder is crucial in legal understanding. While wrongful death constitutes a civil claim for monetary damages, murder involves criminal charges leading to imprisonment. Families often choose to pursue wrongful death claims independently of criminal proceedings. A good example of that is the case of O.J. Simpson’s trial.
Understanding the nuances of New York’s wrongful death statutes is paramount for claimants. To establish a wrongful death claim in the state, five key elements must be proven. These are:
Hill & Moin LLP, with its wealth of experience in investigating wrongful death cases, stands ready to assist those grappling with such tragedies. As grieving families navigate the legal process of a wrongful death lawsuit, the compassionate legal team at Hill & Moin LLP provides support and guidance, helping them return to a semblance of normalcy.
Establishing negligence in a Queens wrongful death case is quite a critical point. Much like personal injury claims, wrongful death lawsuits necessitate the fulfillment of specific criteria, with the personal representative pursuing the claim on behalf of the deceased.
Firstly, proving negligence involves establishing a duty of care owed by the responsible party to the deceased. This duty signifies a legal obligation to exercise reasonable caution and avoid high-risk behaviors, applicable in various scenarios such as car accidents, medical malpractice, slip and fall incidents, or dog attacks.
Secondly, the plaintiff must demonstrate that the person’s negligent or intentional actions violated this duty of care, constituting negligence or intention. This breach is pivotal in showcasing that the responsible party’s actions led to the victim’s untimely death.
Causation forms the third important aspect, requiring evidence that the defendant’s actions directly caused the death. Whether it’s a truck accident, subway accident, workplace accident, or any other incident, establishing a clear link between the defendant’s conduct and the fatal outcome is imperative.
Moreover, a wrongful death claim must illustrate the dependence of survivors on the deceased and the economic losses suffered due to the death. The skilled assistance of a wrongful death attorney becomes invaluable in meticulously building a robust case for damages.
Determining liability in these cases can be complex, involving multiple responsible parties. An experienced attorney aids in identifying those accountable, navigating shared liability scenarios, and ensuring that blame is appropriately assigned.
In the realm of New York’s legal framework, the concept of comparative negligence allows for shared blame, affecting the level of liability each at-fault party bears. Even if the deceased is deemed partially responsible, pursuing compensation remains a viable option, albeit potentially reduced.
Ultimately, establishing the “wrongful” nature of a death involves proving the defendant’s legal obligation, the breach of that obligation, and a direct causal link to the fatality. In a wrongful death case, these elements become pivotal in seeking justice, holding accountable those responsible for the irreparable loss suffered by the surviving family members.
Compensation in wrongful death claims is a multifaceted concept that encompasses various damages. Surviving family members seek redress for a range of losses suffered due to the untimely death of their loved ones.
Medical expenses incurred in the final treatment of the deceased, funeral costs, lost wages, income, and benefits are among the tangible economic damages recoverable. The value of family services and support provided by the deceased, as well as parental care lost, particularly for surviving children, factors into the compensation equation. Furthermore, the legal framework recognizes the loss of expected inheritance as a compensable element.
The State of New York stands out by allowing claims for the decedent’s pain and suffering before death, differentiating itself from states that might not permit such pursuits. However, it’s important to note that emotional distress experienced by surviving family members in the aftermath of the death is not typically recoverable in Queens, New York City, or the State of New York.
Damages in wrongful death cases are not one-size-fits-all and are influenced by factors like age, life expectancy, and the earnings of the deceased. Economic damages encompass financial losses, including medical expenses and funeral costs, while non-economic damages acknowledge the emotional toll on surviving family members. In exceptional cases, punitive damages may be awarded, serving as additional punishment for actions deemed grossly negligent or intentional.
In essence, the compensation available for wrongful death cases in NYC extends beyond the financial realm, recognizing the broader impact on the lives and well-being of the surviving family members.
One of the primary roles of our experienced wrongful death attorneys is to evaluate the eligibility of potential claimants. We help identify who can bring forth the wrongful death lawsuit, emphasizing the importance of the estate representative named in the deceased’s will. According to New York State law, eligible parties include the spouse, children, parents, or parent’s children. Our attorneys emphasize the jurisdictional nuances and stay abreast of evolving statutes, providing clarity on eligibility, time limits, and the potential party responsible for the wrongful death.
Our legal team will engage in a meticulous evaluation of the circumstances surrounding the death, delving into the cause, the immediate aftermath, and the location of the incident. Our thorough inquiry includes identifying the liable party, potential causal factors, and witnesses who can shed light on the events leading to the wrongful death.
Our personal injury law firm will handle the extensive paperwork, ensuring that all necessary legal documents are prepared and filed within the statutory limitations. We will assist in the “pre-litigation” phase, investigating and gathering evidence to establish liability. This involves collaborating with expert witnesses such as medical professionals, vocational experts, engineers, forensic experts, and financial experts to strengthen the case.
In a personal injury case or in a wrongful death case, insurance companies are not your friends. That’s where our legal professionals come in. We will serve as strong negotiators, ensuring that insurance providers acknowledge and compensate the full extent of economic losses. With a deep understanding of insurance processes, our Queens wrongful death lawyers work diligently to secure just settlements for grieving families.
Our Queens wrongful death lawyers provide unwavering support during the negotiation process, aiming for a fair settlement that addresses the economic losses suffered by surviving family members. If a favorable settlement cannot be reached, Hill & Moin LLP is prepared to take the case to trial, presenting a compelling case before a judge and jury, and focusing on a favorable outcome for our clients.
Ultimately, our experts act as strong advocates for their clients, maximizing compensation by leveraging their experience, resources, and contacts. By offering free consultations and working on a contingency basis, we ensure that financial constraints do not hinder access to quality legal representation during an emotionally challenging time. Hill & Moin LLP commits to providing compassionate and skillful guidance, aiming not only for justice but also for a more stable financial situation for the bereaved family.
Navigating the complexities of a wrongful death suit is an emotional journey, especially when you’re still mourning the loss of a loved one. At Hill & Moin LLP, we understand the weight of your situation, and we’re here to offer the legal help you need. Choosing the right legal representation is crucial, and at Hill & Moin, we go beyond being attorneys. When you hire us, “it’s like having a lawyer in the family”. In your search for resolution and closure, you can trust our personal injury law firm to stand by your side, fight for your rights, and provide the legal support you deserve.
Don’t shoulder the burden alone! Call a Queens wrongful death lawyer at Hill & Moin LLP today at (212) 668-6000 for a free consultation. Our dedicated team is committed to providing you with the support and guidance required during this challenging time. With Personal Injury Recovery SolutionsⓇ tailored to your case, we aim to alleviate your concerns and help you make informed decisions about your next steps.