If someone you love was recently killed in an accident in Queens, New York, now’s the time to call Carrion Accident & Injury Attorneys, PLLC at (718) 550-7851 for a free consultation. You may have the right to pursue compensation for your tragic loss, and our experienced Queens wrongful death lawyers can help you fight to maximize your recovery.
Our firm brings 50+ years of combined legal experience to the negotiating table, along with a willingness to take cases to trial when insurance companies don’t negotiate fairly when you call 212-CARRION. As fearless advocates for the rights and futures of Queens accident victims and families, we’ve forced powerful companies to pay tens of millions of dollars in settlements and jury awards.
When life gets turned upside-down because of a fatal accident, we’re the aggressive and award-winning legal advocates you’ll want in your corner. Call us to schedule your free consultation today.
Why Choose Carrion Accident & Injury Attorneys, PLLC, for Help After a Fatal Accident in Queens, NY
The insurance company doesn’t want your family to hire an attorney. They definitely don’t want to see Carrion Accident & Injury Attorneys, PLLC on the other side of a wrongful death claim. Our personal injury attorneys are known as strong, dedicated legal advocates who don’t back down until justice has been achieved.
We’re five-star rated by hundreds of former clients on Google, which is a testament to just how much we care and the kind of case results we achieve day in and day out. Members of our legal team are also recognized as:
- Martindale-Hubbell Gold Client Champions
- Super Lawyers Rising Stars, and
- Avvo Clients’ Choice recipients.
When you turn to our personal injury law firm for help in the wake of a loved one’s tragic death in Queens, NY, you’ll be our top priority. You’ll work with an attorney who appreciates the unique challenges that can arise in wrongful death litigation, works closely with a network of experts and specialists to make your case as strong as possible, and genuinely wants to make a meaningful difference in your life as you grieve.
Your choice of representative matters, which is why our firm is a top choice among grieving spouses, children, and parents. Contact us today to schedule a free consultation with a Queens personal injury attorney.
Understanding New York’s Wrongful Death Law
If you were hit at an intersection in Queens because someone else ran a red light, you’d have the right to seek compensation for any injuries, property damage, and suffering you experienced. The person who ran the red light – often through their insurance company – would be liable for your damages.
The right to pursue compensation and hold an at-fault party accountable doesn’t disappear just because an accident is fatal. Instead, it shifts to another party and becomes a different type of claim. A wrongful death claim can be pursued under New York Law when a person’s death is caused by the “wrongful act, neglect or default” of another.
A successful wrongful death case can help surviving family members recover much-needed compensation in the wake of an avoidable accident and ensure that those responsible for the death take responsibility for their actions.
Who Can File a Wrongful Death Claim in Queens?
Under New York’s Wrongful Death Act, only the personal representative of the decedent’s estate may pursue a wrongful death case. The personal representative is generally a close family member, a friend, or an attorney who’s been appointed in the decedent’s will or by a judge. The personal representative files the claim on behalf of any surviving “distributees,” who are generally close family members.
In New York, the distribution of damages awarded in a wrongful death case is as follows:
- Spouse: The surviving spouse receives the entire award if they shared no children with the decedent.
- Children and no spouse: Surviving children share the award equally if the decedent was not married at the time of their death.
- Spouse and children: The surviving spouse receives $50,000 and one-half of the remainder, while any surviving children split the balance.
- Parent: If a decedent is unmarried and has no children, their parent(s) can receive the entire wrongful death award.
There are limited situations where a grandparent, aunt or uncle, or sibling may also be able to recover damages awarded in a Queens wrongful death case. Valuation and distribution can be complicated, so it’s important to call an experienced wrongful death attorney in Queens, NY, for help.
Fighting for Clients in All Types of Queens Wrongful Death Cases
At Carrion Accident & Injury Attorneys, PLLC, we stand up and fight for the rights and best interests of families in wrongful death cases related to:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- E-scooter accidents
- E-bike accidents
- Bus accidents
- Train accidents
- Uber and Lyft rideshare accidents
- Boating accidents
- Aviation accidents
- Slip and fall accidents
- Dog bites
- Matters of premises liability
- Negligent security
- Assault
- Sexual assault
- Product liability
- Construction accidents
- Workplace accidents
Experience matters when your family’s financial future is on the line. Know that our wrongful death lawyers in Queens have decades of combined experience advocating for families across a wide range of personal injury practice areas.
We’re well-versed in New York’s unique wrongful death laws and procedural requirements, understand which evidence carries the most weight in a given situation, and appreciate how difficult this time is for you. You can count on us to do everything within our power to help you move forward and achieve the best outcome.
What Compensation Can Be Awarded in a Queens Wrongful Death Case?
While many states allow families to pursue compensation for economic losses and harder-to-value non-economic damages in wrongful death lawsuits, New York does not. The personal representative is only permitted to request pecuniary damages to alleviate the surviving family members’ financial stress that is related to their loved one’s wrongful death.
The following pecuniary damages can be awarded in a New York wrongful death case:
- Wages and income the decedent would have earned if they’d survived
- The value of household and family services provided by the decedent
- Loss of inheritance
- Funeral and burial expenses incurred by the family
- Medical bills covered by the family if the decedent survived their injuries before passing away
There are situations when compensation for non-economic losses like pain and suffering can be awarded, but only through a related survival action. A survival action is a parallel claim that can be brought by the estate when the decedent survived their fatal wounds before dying.
The damages from a survival action are intended to compensate the decedent for the trauma, costs, and experiences they had during the time they survived. Damages are awarded to the estate and distributed to the family.
Does Shared Fault Affect a New York Wrongful Death Recovery?
Yes. New York applies a rule of pure comparative negligence to personal injury cases. In the context of wrongful death litigation, the decedent’s shared fault is the central issue. If your family member contributed to the accident that caused their wrongful death, your ability to recover compensation can be impaired. Damages can be reduced proportionately to shared fault up to 99 percent.
Let’s say your loved one was killed in a Queens car accident and assigned half of the blame for the deadly wreck. When a wrongful death claim is filed for you and other surviving beneficiaries, the total damages would be reduced in value by half.
Your family member isn’t here to tell their side of the story or defend against claims of fault. Carrion Accident & Injury Attorneys, PLLC, is here to step in, find evidence to dispute claims of shared fault, and fight to protect your family’s right to recover compensation at all costs.
What Does It Cost To Hire a Wrongful Death Attorney in Queens?
Our wrongful death attorneys in Queens handle cases on a contingency fee basis. There’s no cost to hire us until we recover compensation for you. Our fee is a percentage of your financial recovery. We front the costs of litigation, so we’ll be reimbursed for those from your award, too.
We assume the risk of litigation. If we don’t win, you pay nothing. When we win, you reap the benefits.
Does New York Have a Statute of Limitations for Wrongful Death Lawsuits?
New York generally imposes a two-year statute of limitations on wrongful death lawsuits. However, if your loved one’s wrongful death involved a government agency or another public entity, different deadlines and procedural requirements may apply.
Call Our Queens Wrongful Death Lawyers for a Free Consultation
Someone you love has been taken from you because another person was negligent in Queens, NY. Carrion Accident & Injury Attorneys, PLLC, is here to help you hold them accountable. Our Queens wrongful death attorneys are ready to stand up and demand the financial justice your family deserves in the wake of a tragedy.
Backed by over half a century of combined experience, our team of award-winning litigators has helped clients win tens of millions in monetary awards. Now, we’re ready to help you achieve the best results for your wrongful death claim, too. There’s no charge for a case review, so contact us for assistance today.
