Wrongful Death Attorney in Queens
Searching for a reliable wrongful death lawyer in New York?
A wrongful death claim is rarely a simple ordeal. First, someone has to
be empowered to act on behalf of the deceased (also called “decedent”)
by New York State Surrogate’s Court in one of the counties, such
as Queens or the Bronx. The person appointed is the “executor”
if the decedent left a will; the “administrator” if the decedent
died without a will. If the deceased person left relatives and/or children
behind, maybe from several marriages or in other states or countries,
the Surrogate’s Court proceeding can become complicated. After that
appointment is made – usually of a family member – then the
facts of the case and cause of the wrongful death have to carefully be
analyzed by an experienced attorney.
Any of the many types of accidents that can lead to serious personal injury
in the event of negligence can result in the death of an accident victim,
including everything from
car accidents to
workplace incidents. There are two types of money damages permitted by New York State law
in a death accident case. They include conscious pain and suffering, as
well as pecuniary loss.
Conscious Pain and Suffering
For the injuries and losses suffered by decedent before his or her death.
Factors considered include the amount of time the decedent lived and did
he or she “suffer” – for example was the decedent conscious
and aware? Did the decedent act as if he or she was in pain? Was he or
she moaning or receiving pain medication in the hospital?
If someone live for a while after a painful injury such as a burn, they
may be found to have suffered a lot and their Estate may receive a large
monetary award. If someone dies instantly, they may not be awarded damages
for conscious pain and suffering.
Unlike in some other states, there is no claim in New York for “loss
of enjoyment of life” by the decedent; however, in some cases, punitive
damages may be awarded – if the death was caused by outrageous or
brutal conduct, that would “shock the senses.”
Compensates the decedent’s survivors (usually the family) for the
economic loss suffered by his or her death. To calculate the loss amount,
New York courts consider what would have happened if the person had not
died. Factors taken into account include:
- Pre-death medical care, nursing, hospital and other care;
- Funeral expenses;
- Expected future, lifetime earnings – based upon past earnings, promotions, etc.;
- How long decedent could have been expected to live (life expectancy) –
there are charts and tables that give this hypothetical age, based on
age at date of death, education and occupation.;
- Taxes (reduce the amount);
- Fringe benefits, such as pension, health insurance, Social Security benefits; and,
- Value of unpaid household services to family’s life.
Under New York law, there can be no recovery of monetary damages for deprivation
of a deceased spouse's love and companionship.
Need a compassionate Queens wrongful death lawyer? For this type of serious
case, you need legal representation from a qualified attorney at our firm.
Contact us for your
Gary E. Rosenberg, P.C.
Serving: New York City, including the Boroughs of Queens, Manhattan, Staten
Island, and Bronx.