The passing of a loved one is always difficult, but the grieving process may be much more difficult if they passed under wrongful circumstances. You and your family may be dealing with significant expenses related to the sudden passing, and you deserve justice and fair compensation. Our legal team can help you sue those responsible for the wrongful condition that caused your loved one’s death.
A wrongful death may occur because of another person’s negligent behavior that caused a fatal accident. Alternatively, many cases involve intentional acts of violence that may overlap with the criminal justice system. In either situation, you have a limited window of time to file your case. Typically, plaintiffs must file claims within 2 years of when their loved one passed away. You may be time-barred from recovery if we fail to file the case on time, barring special circumstances. Damages may include funeral and burial costs, pain, suffering, lost financial support, and more.
Speak to our wrongful death attorneys with The Carrion Law Firm by calling (718) 841-0083 and ask about a free case review.
How Wrongful Deaths Might Occur
Wrongful deaths can happen under numerous circumstances, and they often take people by surprise. While accidents are common in these kinds of cases, many other claims might be related to intentional acts of harm or even criminal violence.
Accidents and negligence are among the more common reasons behind many wrongful death cases. A few prominent examples include car crashes, falling accidents, and accidents at work. Even though accidents often do not result in criminal charges, those who negligently cause the accident may be held civilly liable for wrongful death.
Other wrongful death cases result from intentional acts of violence. Again, these might not always result in criminal charges, but that does not mean the perpetrator cannot be held responsible. Some incidents involve fights or scuffles that escalate out of control. Others might be preplanned killings that will likely lead to criminal investigations and charges.
Many other claims come from the medical field. Your loved one might have been ill or injured and in need of medical attention, but their doctor was negligent. If our wrongful death attorneys can show that the doctor failed to provide treatment that meets the standard of care, they may be held liable for your loved one’s passing.
Who May Be Responsible for a Wrongful Death in Queens
Various people or entities connected to your loved one’s passing could be held responsible, depending on the circumstances.
In cases involving unintentional accidents, negligent individuals who owed a duty of care to your loved one may be held responsible. For example, on the road, all drivers owe all other drivers a legal duty to drive with reasonable safety under the current circumstances while obeying the traffic laws. A violation of this duty may cause a fatal accident, and the other driver may be held responsible for the wrongful death.
If your case involves negligent medical professionals, both they and the hospital they work for may be held responsible. Remember, not all medical mistakes rise to the level of negligence or malpractice, and we must show how the defendant failed to provide treatment that meets the standard of care.
If your loved one suffered fatal injuries from a work-related accident, their employer might be held responsible. Employers are often responsible for maintaining a safe work environment for their employees. A failure to meet industry safety standards may be proof of negligence that we can use to hold them responsible.
When You Must File a Wrongful Death Case
After losing a loved one, you may need time to grieve and come to terms with the loss. Filing a lawsuit might be the furthest thing from your mind. However, your time to take legal action is limited, and it is often best to get started as soon as possible.
The statute of limitations for wrongful deaths is found under E.P.T. Law § 5-4.1(a) and gives you 2 years to file a case. Remember, your time limit starts from when your loved one passed away, not necessarily when they were initially injured. This is an important distinction for those whose loved ones did not pass away immediately after an accident.
We might have the statute tolled and your time to file extended if special conditions are present. For example, a minor child whose parent passes away under wrongful circumstances might not be able to take legal action on their own until they are at least 18.
Under C.V.P. Law § 208, a plaintiff may have the limitation period tolled if they are a minor, and the time limit would not begin until they turn 18, giving them until age 20 to file a case.
Recoverable Damages in a Queens Wrongful Death Case
Financial compensation might never feel sufficient in wrongful death cases, but it is often the only way that courts can compensate civil claims. Since death is extremely hard for everyone involved, damages in these cases tend to be high.
Funeral and Burial Costs
Some of the earliest expenses you might encounter when dealing with the aftermath of a wrongful death are funeral and burial costs. Funerals are notoriously expensive, and families often feel obligated to pay these exorbitant costs to respect the memories of their loved ones.
When paying for funerals, burials, and memorial services, keep a thorough record of the costs so we can add them to your damages claims.
Lost Income or Financial Support
The loss of a loved one is more than emotionally painful. It can also be economically difficult. In many cases, the deceased person was a major contributor to the household income. Sometimes, they are the sole breadwinner, and families are suddenly left without the financial support they have come to rely on.
You may claim the loss of your loved one’s income or financial support. Depending on what this support looked like, your damages may be substantial.
Loss of Consortium
Consortium is a broad term that refers to the intangible benefits of a personal relationship. This may include romantic intimacy between partners, companionship, and the social implications of a relationship.
While this often applies to romantic partners and married couples, you can claim similar damages for different relationships. For example, a child who lost their parent may claim the loss of guidance, support, and parental affection.
Your Loved One’s Personal Injuries
In addition to your own damages, you may claim the damages your loved one could have claimed themselves had they survived the accident. For example, if your loved one was rushed to the emergency room, they may have incurred extensive medical care and hospital bills before they passed away. If they lost valuable personal items in the accident, like a vehicle damaged in a car crash, you may claim the value of these items.
Evidence and Records Needed to Support a Wrongful Death Case
We may require extensive evidence of the defendant’s negligent or violent behavior for your case to be successful.
Wrongful death cases often require evidence from the deceased person’s medical records. We must prove how your loved one passed away and how the defendant is responsible. If the cause of death is not immediately apparent or is disputed by the defendant, medical records and autopsy reports may prove exactly how your loved one passed away.
We may also call upon witnesses who were present when your loved one was hurt or have other personal knowledge about the case. Some witnesses have very clear memories of what happened or saw exactly what the defendant did to cause the accident. Their testimony may be priceless, and we should speak to them as soon as possible.
Your testimony about your pain and suffering is also important, as only you can talk about these experiences. Your pain, suffering, and other non-economic injuries and damages are unique to you and your family, and we may need you to talk about these things in court so you get the most compensation possible.
How Do I Know if My Loved One’s Death Was Wrongful?
If you recently lost someone and you are unsure whether their death was wrongful, consider the following factors and ask an attorney for help.
One major red flag that might indicate a death is wrongful death is if it happened because of an accident. Most accidents are preventable and happen because someone else is negligent. Unless your loved one is totally responsible for the accident, there is a good chance that someone else may be held responsible for their wrongful death.
You might have been present when your loved one was injured or passed away. You should talk to an attorney about what you saw and whether the death may be considered wrongful. You might have witnessed the accident that injured them or have first-hand knowledge about the circumstances that led to your loved one’s passing.
Certain circumstances are highly suspicious, and you should speak to an attorney and the police. For example, if your loved one passed away suddenly and the cause of death is unclear, the police should be involved, and you may want to have an autopsy performed to determine the cause of death.
Who Can File a Wrongful Death Case in Queens?
Not just anyone can file a wrongful death claim, even if you were very close to the deceased person. According to E.P.T. Law § 5-4.1(1), a “personal representative” of the deceased person’s estate must file the case. However, they might not necessarily be a beneficiary of the case.
The personal representative must file the case on behalf of the victim’s family. They are usually named in the victim’s will, and, in many cases, the personal representative is a close family member. In others, someone might appoint their attorney as their personal representative to handle their estate.
If you find that your loved one did not appoint a personal representative or passed away without a will, you may get help from the courts. A judge may appoint someone as the personal representative for probate purposes and to file legal claims on behalf of the estate.
Non-family loved ones usually cannot take legal action for a wrongful death. However, if no other family members exist, you should talk to an attorney about whether you can file a case.
How Damages in a Wrongful Death Case May Be Distributed
Damages in wrongful death claims can be complicated. You might have your own damages and losses to claim in addition to those your loved one experienced before they passed away. Once the case is nearing completion, we may need to think about how these damages should be distributed among family members.
According to E.P.T. Law § 5-4.4(a), damages are awarded exclusively for the benefit of distributees, including immediate family members. Generally, spouses and children, including non-marital children, may be awarded damages. However, if the deceased person is also survived by parents, they may receive damages, too.
The personal representative may be responsible for distributing damages, which can be allocated according to each individual’s share of pecuniary damages. Family members with greater damages tend to receive a larger share of the overall damages award.
Will the Defendant in a Queens Wrongful Death Case Face Criminal Charges?
Wrongful death cases tend to result in thorough investigations by law enforcement, but those responsible are not always criminally charged. Even so, it is possible that the defendant in your case will also face a criminal trial, and your civil case might have to take a back seat to criminal proceedings.
Remember, criminal cases and civil cases are totally separate. The fact that someone is held civilly liable for a wrongful death does not mean that they will also be criminally charged. Not only that, if someone is not criminally charged, they can still be held responsible in civil court.
If the defendant is criminally charged, an investigation may be conducted, and the police may uncover evidence that can be used in your civil case. Additionally, if the defendant is found guilty or pleads guilty, we can use this as evidence in your civil case.
Call Our Queens Wrongful Death Attorneys for Legal Support Today
Speak to our wrongful death attorneys with The Carrion Law Firm by calling (718) 841-0083 and ask about a free case review.
