Queens Wrongful Death Attorney
Wrongful death cases can be extremely confusing. Many families do not know that the option of filing a wrongful death case is available to them, and they instead rely on things like life insurance to cover their needs. If your loved one was killed in an accident or if they were intentionally killed, you could be entitled to more.
A Queens wrongful death attorney can review your case and help you determine whom to sue and what damages you can hold them responsible for. Courts often award damages to spouses and children of deceased accident victims, as well as damages to parents of children killed in accidents. A murder victim’s family could also be entitled to substantial compensation.
For help seeking justice for a loved one’s death, call the Queens wrongful death attorneys at The Carrion Law Firm today for a free case review. Our number is (718) 841-0083.
Suing for a Wrongful Death in Queens
A wrongful death case can typically be filed any time someone dies in a way that can be legally blamed on another party. The defendant in a wrongful death case can be a person or a company. It can also be a person accused of either negligence or an intentional act that caused the death.
Who to Sue
As mentioned, both companies and individuals can be sued for wrongful death. Most cases of murder are going to be filed against an individual. However, cases dealing with negligence could be filed against an individual or a company.
Wrongful death cases filed against individuals often include claims involving premises liability injury (e.g., slip and falls or deadly fires), deadly car accident cases, and medical malpractice lawsuits.
Cases filed against companies can similarly include auto accidents, but these cases more commonly involve suing trucking companies, bus companies, and other transportation companies for their drivers’ mistakes and other violations. Medical malpractice cases can also be filed against hospitals or healthcare facilities in some cases. Other wrongful death claims against companies can involve defective product injuries, pharmaceutical injuries, and more.
Our Queens wrongful death attorneys can help you identify the right person or entity to file your wrongful death lawsuit against.
Wrongful death claims involving negligence are more common than claims of intentional murder. People are killed in accidents every day involving dangerous drivers, dangers on someone else’s property, or errors during medical procedures. Claims for these mistakes can help compensate you for a loved one’s death.
For a negligence case to succeed, you must prove that the wrongful death occurred because the defendant breached a legal duty they owed your loved one. The violation of drunk driving laws is a clear example of a breach of duty that can justify a wrongful death lawsuit. Other cases are based on a doctor failing to uphold the standard of care, a company manufacturing dangerous products with a risk of electric shock, or a property owner failing to repair a dangerous handrail on a balcony.
If there is evidence that these kinds of mistakes were the direct, proximate cause of your loved one’s death, our Queens wrongful death attorneys may be able to succeed in a wrongful death lawsuit.
Although intentional killings like murder and manslaughter are often handled in criminal court, you can file a wrongful death court in civil court as well for many of these deaths. If the killer is facing criminal charges, the purpose of those charges will be to punish them for the killing. However, your family could be entitled to damages that will help you all move forward through a civil lawsuit.
The burden of proof is much lower in civil cases than in criminal cases. This means that many cases that lose in criminal court could still succeed in a civil case. Additionally, many cases that fall short of the technical definition of a crime could still be tried in civil court as negligence cases instead of murder or manslaughter cases.
Damages for Wrongful Death Cases in Queens, NY
In most wrongful death cases, there are actually two separate claims that can be filed: a survival action and a wrongful death action. The survival action is essentially the lawsuit that your loved one could have filed if they survived the accident, and it is brought to pay benefits to the deceased’s estate and the deceased’s heirs. The wrongful death action is meant to compensate the surviving family for the expenses they faced because of the death.
An experienced Queens wrongful death lawyer can go over your case with you and help you determine what damages you are entitled to in your specific case. Between these two types of lawsuits, the following damages are often available, among other damages:
Funeral and Burial Costs
Reasonable damages can be claimed for a loved one’s funeral and burial costs. Although life insurance money might cover some of these expenses, the parties responsible for your loved one’s death should be held liable for these costs.
End of Life Medical Care
Whether your loved one died in a sudden accident or after a turn for the worse during a long recovery, you can claim damages for their medical expenses. This can help pay for their end-of-life care, potentially including things like hospice care as well as procedures in the ER or at a hospital.
If your lost loved one was responsible for your family’s income to any degree, those lost wages might be necessary to help your family move forward. These lawsuits can help cover those damages.
Pain and Suffering
If a loved one died in a painful way or they lingered for a while between the accident and their death, their pain and suffering might be severe. These pain and suffering damages can be claimed in a lawsuit for a loved one’s death. However, you cannot claim damages for your surviving family’s pain and suffering. Certain non-economic damages might be claimed – such as lost companionship – but not the pain and suffering of losing a loved one.
Call Our Queens Wrongful Death Attorneys for Help
If you lost a loved one in an accident, call The Carrion Law Firm today. Our Queens wrongful death lawyers can help hold the responsible companies or individuals accountable for your loss. For a free case review, call us at (718) 841-0083.