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Queens Wrongful Death Attorney

Filing a Wrongful Death Lawsuit in New York City

At the Harris Firm, LLC, we recognize that there is nothing more difficult than the sudden and unexpected loss of a loved one. While nothing can bring your loved one back, we believe that you should not have to navigate this loss on your own. By filing a wrongful death claim or lawsuit, you can not only hold the liable person or party accountable for your loved one’s death, but you can also recover fair compensation for unanticipated expenses and hardships.

With office in the Bronx and Queens, our wrongful death attorneys represent individuals and families throughout New York City who have endured terrible tragedies as a result of the negligence of others. We have extensive experience handling all types of wrongful death claims and are here to guide you through this difficult time with compassion and empathy.

To learn more, including how our attorneys can advocate for you and your family, call (212) 487-8669 or contact us online. Your initial consultation is free. 

What Is “Wrongful Death” in New York?

The state of New York defines “wrongful death” as the death of a person arising from the “wrongful act, neglect, or default” of another person or party. If the person who died, known as the “decedent,” would have been able to file a personal injury claim had they lived, the death is considered “wrongful.”

Wrongful death cases often involve:

If you believe that your loved one’s death could have and should have been prevented, you could have grounds for a wrongful death lawsuit. Contact our Queens wrongful death attorneys to discuss your legal rights and options during a free, no-obligation consultation.

Who Can File a Wrongful Death Claim?

In New York, only the personal representative of the decedent’s estate can file a wrongful death claim or lawsuit. This is someone who is either named in the decedent’s will or appointed by the court if no will exists.

The personal representative is the “plaintiff,” or the one who brings the legal action. However, the claim is brought on behalf of certain surviving family members, heirs, and dependents, including spouses, children, grandchildren, and parents. These are the people who can recover compensation for losses related to the death of their loved one.

Damages in New York Wrongful Death Cases

A successful wrongful death case results in an award of damages to eligible survivors and/or the decedent’s estate.

These damages may include:

  • Medical expenses associated with the decedent’s final injury and medical care
  • Funeral and/or burial expenses
  • Lost income the decedent could have reasonably been expected to provide
  • The value of monetary and non-monetary support and services provided by the decedent
  • Loss of parental guidance, nurturing, and care
  • Lost inheritance/expected contributions to the estate the decedent would have made
  • Pain and suffering consciously endured by the decedent

New York also permits eligible claimants to recover interest on the overall damages, which is calculated from the date of death until a settlement or verdict is awarded. However, surviving family members are not eligible to recover compensation for their own pain, suffering, and trauma endured due to the loss of their loved one.

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