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NYC Personal Injury Lawyer » Wrongful Death
If someone causes the death of your loved one, they should be held accountable. If you have lost someone in an accident or in a crime in Queens, NY, you may be entitled to compensation through a wrongful death lawsuit.
The Law Offices of Jay S. Knispel Personal Injury Lawyers has helped grieving families recover compensation through wrongful death cases for more than 25 years. We know that money won’t bring your loved one back, but it can help you deal with financial hardships after their death.
In your mind, your loved one’s life was priceless, but courts and insurance companies will require proof of your financial losses. It’s the only way they can compensate you for your loss. An experienced Queens personal injury lawyer can help you pursue the financial compensation your family needs during this difficult time.
The Law Offices of Jay S. Knispel, LLC represents families in all five boroughs of New York City. Founding attorney Jay S. Knispel is a Top 100 Trial Lawyer and a member of the Multi-Million Dollar Advocates Forum. He has recovered some of the state’s largest settlements and jury awards for his clients.
Choose our law office to represent you in Queens, New York, and we will:
Nothing can bring back your loved one. However, our law office can help you seek compensation that allows you to grieve, support your family, and hold the responsible party accountable. Call us today for a free consultation with a compassionate Queens personal injury attorney ready to help.
New York has unique wrongful death laws. Claims are made under the New York Estates, Powers, and Trust Laws (EPTL) instead of civil code like other states. This means your case combines probate and personal injury law.
Under New York law, a death is “wrongful” when it is caused by someone else’s negligence or intentional actions. For example, a death is wrongful if it is caused by a drunk or reckless driver, negligent doctor, or by someone committing a crime.
Surviving family members have the right to file a wrongful death claim against the person responsible for their loved one’s death. If your loved one could have filed a personal injury lawsuit had they lived, a wrongful death lawsuit is an option.
Wrongful death lawsuits and survivor actions both deal with seeking compensation after a wrongful death. However, there are critical differences between the two.
In a wrongful death case, the decedent’s personal representative seeks compensation for losses the surviving family has suffered due to a person’s death. A survival action is filed on behalf of the victim and seeks compensation for their suffering and injury expenses before death.
Suppose your loved one survived at least briefly after they were injured. In this case, you may have the right to file both a wrongful death and survivorship action against the responsible party. These actions are often combined into a single lawsuit. Different damages can be recovered under each type of claim.
Each type of action must be assessed independently by an experienced Queens wrongful death attorney. Your lawyer will help you understand whether you can and should file one or both types of actions.
In New York, only the personal representative for the decedent’s estate may file a wrongful death lawsuit to recover compensation. The personal representative is the person named in the decedent’s will.
If the named representative does not want to serve or there is no will, the probate court will appoint a personal representative. In most cases, the personal representative is a family member.
There is no easy way to answer this question. All wrongful death cases are unique, just like your loved one’s life and the loss you have suffered.
One of the first factors that impacts the value of your case is whether you can pursue damages through a survival action. If your loved one suffered any pain, fear, or awareness before they died, you can recover compensation for your loved one’s non-economic losses. The value of a survival action will depend on the severity of your loved one’s injuries, how long they survived, and the circumstances of their accident.
It’s impossible to place a value on the life of a loved one. However, wrongful death claims focus on the financial value of your losses. These losses represent the amount of support your loved one provided, their anticipated future earnings, their age and health, and the age of their children.
The best way to determine how much your case may be worth is through a free consultation. Contact the Law Offices of Jay S. Knispel, LLC today to discuss your case.
A wrongful death lawsuit allows the estate of the decedent to seek compensation on behalf of surviving family members. A survival action seeks compensation for the pain they suffered prior to death.
Damages available in a wrongful death lawsuit in New York include:
Unfortunately, New York law does not allow surviving families to pursue compensation for their grief or loss of companionship and consortium.
A survival action allows the estate to pursue compensation for the decedent’s medical bills and their pre-death pain, suffering, and “pre-impact terror.” To recover these damages, you must show your loved one had some level of cognitive awareness or pain and did not die instantly.
The damages paid from a wrongful death lawsuit are paid directly to surviving family members. These damages are shielded from other claimants of the estate.
Damages from a survival claim are paid to the estate, which distributes the funds to heirs. These damages are not shielded from insurance companies.
At the Law Offices of Jay S. Knispel, LLC, we handle all types of wrongful death cases.
Traffic accidents are the most common cause of wrongful death in New York. However, any type of accident or wrongdoing can potentially lead to a death.
If your loved one was killed due to someone else’s actions, we are here to help you. Call our law office to schedule a free consultation to discuss your case.
A wrongful death action requires proving:
Experienced Queens wrongful death lawyers will conduct an independent investigation to gather evidence that builds your case.
Depending on the type of accident, evidence may include:
The Law Offices of Jay S. Knispel, LLC also works with experts in many fields to prove your wrongful death case. Expert testimony can not only establish the full extent of your damages, but it can also be used to show how an accident occurred.
In New York, you have just two years to file a wrongful death lawsuit. This statute of limitations begins on the date of death, not necessarily the date of the accident.
The statute of limitations for a survivorship cause of action is three years from the date of their injury.
If your loved one was killed due to criminal activity, such as assault or shooting, the statute of limitations is a bit more complex. You have a one-year deadline to file a wrongful death lawsuit after the criminal case concludes.
Money can never heal the pain from the loss of a loved one. However, it can help alleviate the financial burden of your loss and protect your family’s financial future as you take time to grieve.
The Law Offices of Jay S. Knispel, LLC is ready to help you hold the responsible party accountable for your loss. Contact our law firm today for a free consultation with a Queens wrongful death lawyer to discuss what we can do to help you.
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