PRACTICE AREA
Contact The Orlow Firm Today!
Our attorneys are ready to help you.
Queens Wrongful Death Lawyers
Wrongful Death Experts with offices in Queens, Brooklyn, Manhattan & The Bronx
Losing a loved one is an immeasurable tragedy. The heartache intensifies when you know their death could have been avoided. The Orlow Firm is here to support you during these difficult times. Our team of specialized Queens wrongful death lawyers will ensure that you receive the justice and financial compensation you deserve. We can’t bring your loved one back, but we can help you hold those responsible accountable for their actions.
Key Takeaways
- The Orlow Firm specializes in wrongful death cases in Queens, providing personalized and effective legal support.
- Compensation can cover various damages, from lost earnings to emotional suffering.
- Call (646) 647-3398 For A Free Case Evaluation.
How The Orlow Firm Can Help Maximize Your Case
When a loved one is taken away from you suddenly and unjustly, pursuing a wrongful death case can seem overwhelming. At The Orlow Firm, we understand that no amount of money can replace your loved one, but a successful wrongful death case can offer you some financial stability and peace of mind. Here’s how our specialized team of Queens wrongful death lawyers can help you maximize your case.
Expertise in Wrongful Death Cases: Our attorneys have years of experience specifically in wrongful death cases. We understand the nuances of New York laws, and we apply this expertise to build a strong case for you. This allows us to anticipate challenges and counter them effectively.
Comprehensive Investigation: We leave no stone unturned in investigating your case. From gathering evidence to interviewing witnesses, our thorough approach ensures that we have all the facts necessary to strengthen your claim.
Strategic Litigation: We know when to negotiate and when to fight aggressively in court. Our strategic litigation techniques aim to maximize the compensation you could receive for your loss.
Personalized Approach: Every case is unique, and we treat it that way. We listen to you, understand your specific circumstances, and devise a legal strategy tailored to your needs. This approach increases your chances of a favorable outcome.
Highly Skilled Negotiators: Insurance companies often try to minimize the compensation they have to pay. Our team excels in negotiations, ensuring that you receive a settlement that truly compensates for your loss.
No Fees Unless We Win: Financial concerns should not prevent you from seeking justice. That’s why we work on a contingency fee basis, meaning you don’t pay any attorney’s fees unless we win your case.
Access to Experts and Resources: We collaborate with medical professionals, accident reconstructionists, and other experts to substantiate your case. These experts can provide testimony and reports to add weight to your claim.
Emotional Support and Guidance: Beyond the legal aspects, the emotional toll of losing a loved one can be crippling. We are not just your legal counselors but also your support system throughout this difficult time.
Regular Updates and Communication: We believe in keeping you informed at every stage of the legal process. Open and frequent communication ensures that you’re never left in the dark.
Local Knowledge: As Queens wrongful death lawyers, we are familiar with the local judiciary, law enforcement, and other community resources. This local insight often proves invaluable when it comes to navigating your case through the system.
If you’re dealing with the loss of a loved one due to wrongful death in Queens, call us today at (646) 647-3398 for a free case evaluation. We’re here to help you seek the justice and compensation you deserve.
What Victims’ Families Can Be Compensated for in a Queens Wrongful Death Case
In a wrongful death case, the compensation aims to cover both economic and non-economic damages. While no amount of money can ever replace your loved one, these compensations attempt to relieve the financial burden that often accompanies such a tragic event. Here are the damages you could potentially be compensated for when you work with The Orlow Firm’s Queens wrongful death lawyers.
Economic Damages
Medical Expenses: These include the costs of all medical care that the deceased received as a result of the incident leading to their death. It could be emergency care, surgery, medication, or other hospital-related costs.
Funeral and Burial Costs: The immediate costs associated with laying a loved one to rest can be daunting. Compensation often includes reasonable funeral and burial expenses.
Loss of Income and Future Earnings: The untimely death of a breadwinner can leave a family financially vulnerable. Damages in this category compensate for the income that the deceased would have earned had they lived.
Loss of Benefits: In addition to lost wages, you could also be compensated for lost benefits like healthcare, pension, and other employment-related perks that the deceased contributed to the household.
Property Damage: If the wrongful death occurred in an event that also led to property damage, such as a car accident, the cost of repairing or replacing property may also be recoverable.
Legal Fees: Legal expenses incurred while pursuing the wrongful death claim can be extensive. In some cases, these may be covered as part of the settlement or award.
Non-Economic Damages
Pain and Suffering: This compensation aims to provide some sort of relief for the emotional and psychological pain experienced by the surviving family members.
Loss of Companionship: Losing a loved one means losing their emotional support, love, and companionship. This intangible loss is often considered in wrongful death claims.
Loss of Consortium: For spouses, the loss of marital benefits, including companionship, emotional support, and sexual relations, is compensable under this category.
Loss of Parental Guidance: If the deceased had minor children, compensation might be awarded for the loss of parental guidance, education, and upbringing.
Emotional Distress: Family members may be eligible to receive damages for the emotional distress caused by their loved one’s wrongful death.
Punitive Damages: In cases where the wrongful death resulted from particularly egregious or malicious conduct, the court might award punitive damages as a way to punish the wrongdoer and deter similar behavior in the future.
If you believe you have a wrongful death claim in Queens, it’s crucial to consult with experienced wrongful death lawyers like those at The Orlow Firm. Reach out today for a free case evaluation at (646) 647-3398. We will help you navigate this complex legal landscape to secure the compensation you and your family deserve.
Who Is Legally Liable in a NYC Wrongful Death Case
Determining who is legally responsible in a wrongful death case is often a complex and nuanced process. In Queens and throughout New York, various entities or individuals could be held accountable depending on the circumstances surrounding the unfortunate event. At The Orlow Firm, our skilled Queens wrongful death lawyers meticulously examine every facet of your case to identify the responsible parties and hold them liable for their actions or inactions that led to your loved one’s death.
In vehicular accidents, the liability might fall on the driver who acted negligently, recklessly, or was driving under the influence. But it could also extend to the vehicle manufacturer if a faulty part led to the accident. In some cases, even government bodies responsible for road maintenance could be held liable for failing to address hazardous conditions.
If the wrongful death occurred in a workplace, not only could an irresponsible or negligent co-worker be held accountable, but the employer may also be liable if it’s proven that they failed to maintain a safe working environment. In cases involving industrial accidents, multiple parties including contractors, subcontractors, and equipment manufacturers could share the blame.
Medical malpractice cases typically point to healthcare providers as the responsible parties. This could range from doctors and surgeons to nurses, pharmacists, or even the hospital itself if systemic failures contributed to the wrongful death.
Property owners can also be held legally responsible if unsafe conditions on their premises led to an accident. This includes both private property owners and public entities that failed to maintain safe conditions in places like parks, public buildings, or sidewalks.
In cases involving criminal activity, the perpetrator could certainly be held liable in a civil wrongful death case, irrespective of the outcome of any criminal charges they might face. Additionally, establishments that served alcohol to visibly intoxicated patrons could be liable under New York’s Dram Shop laws if those patrons subsequently cause fatal accidents.
Determining legal liability often involves an intricate web of factors, including but not limited to, eyewitness testimonies, expert opinions, and the collection of physical evidence. Each wrongful death case is unique, which is why it’s vital to consult with experienced legal professionals who understand the complexities of New York wrongful death laws.
For comprehensive legal advice tailored to your specific situation, contact The Orlow Firm at (646) 647-3398 for a free case evaluation. Our team will diligently work to identify the responsible parties and seek justice on behalf of you and your loved one.
Common Types of Injuries Leading to Wrongful Death Cases in New York
When a loved one passes away due to the negligence or wrongdoing of another, the injuries that led to their death are often of various kinds. These injuries could be physical, emotional, or a combination of both, contributing to a heartbreaking and often complex wrongful death case. To understand the scope of a wrongful death claim, it’s crucial to identify the type of injuries that led to the untimely passing of your loved one. The Orlow Firm’s team of Queens wrongful death lawyers are well-versed in dealing with a range of injuries that commonly lead to wrongful death cases.
- Traumatic Brain Injury (TBI): A blow or jolt to the head can result in traumatic brain injuries that are often fatal.
- Spinal Cord Injury: Injuries to the spinal cord can lead to death due to complications such as respiratory failure or infection.
- Internal Bleeding: Severe accidents can cause internal bleeding, which if not timely diagnosed and treated, can result in death.
- Organ Damage: Injury to vital organs like the heart, kidneys, or liver can be fatal, especially if medical intervention is not immediate.
- Severe Burns: Third-degree or higher burns can lead to fatal complications, such as infection or organ failure.
- Asphyxiation: Lack of oxygen due to choking, drowning, or other causes can lead to fatal brain damage.
- Toxic Exposure: Exposure to harmful substances can result in poisoning or deadly diseases like cancer.
- Blood Clots: Untreated or mismanaged blood clots can result in a fatal pulmonary embolism.
- Sepsis: Infections that lead to sepsis can be fatal if not promptly and adequately treated.
- Gunshot Wounds: Firearms can cause fatal injuries, especially if vital organs are involved.
Understanding the type of injuries that led to your loved one’s death is a critical component of building a strong wrongful death claim. These injuries not only determine the course of your legal pursuit but also shape the extent of the compensation you may be eligible to receive. Consulting a specialized wrongful death lawyer in Queens will ensure that you approach your case with the best possible strategy. If you’ve lost a loved one due to any of these injuries, please don’t hesitate to contact The Orlow Firm at (646) 647-3398 for a free case evaluation. We’re here to provide the expert legal support you need during this challenging time.
Common Types of Wrongful Death Accidents in New York City
Understanding the various scenarios that can lead to a wrongful death is vital for establishing a strong legal claim. The Orlow Firm’s team of Queens wrongful death lawyers has extensive experience in navigating cases arising from a wide range of circumstances. Here are some common scenarios where wrongful death may occur:
Motor Vehicle Accidents: One of the leading causes of wrongful death, motor vehicle accidents can involve cars, trucks, motorcycles, or pedestrians. These often occur due to driver negligence, vehicle defects, or hazardous road conditions.
Medical Malpractice: When medical professionals fail to provide an acceptable standard of care, it can result in wrongful death. This could be due to misdiagnosis, surgical errors, or medication mistakes.
Workplace Accidents: Industries like construction and manufacturing are particularly prone to accidents that can lead to wrongful death. Falls, machinery malfunctions, and exposure to hazardous materials are common culprits.
Defective Products: Sometimes products are released to the market with design or manufacturing flaws that make them dangerous or lethal. This can range from faulty car parts to contaminated food products.
Premises Liability: Property owners have a duty to maintain a safe environment. When they fail to do so, it can result in accidents like slips, trips, and falls that can be fatal.
Nursing Home Abuse: Elderly individuals are particularly vulnerable, and neglect or abuse in nursing homes can lead to wrongful death due to falls, malnutrition, or untreated medical conditions.
Violent Crimes: Incidents like homicide, assault, and other violent crimes can obviously lead to wrongful death and hold the perpetrator legally liable.
Public Transportation Accidents: Accidents involving buses, trains, or airplanes can be especially catastrophic and often result in multiple wrongful deaths.
Recreational Accidents: Activities like boating, swimming, or hiking can pose risks that lead to wrongful death if proper safety measures aren’t followed.
Exposure to Toxic Substances: Long-term exposure to harmful substances like asbestos or certain chemicals can lead to fatal diseases such as cancer or respiratory failure.
Understanding the type of scenario that led to your loved one’s wrongful death can significantly impact the approach to your legal case. Each of these scenarios comes with its own set of legal challenges and requirements, making it essential to consult with experienced wrongful death lawyers. If you’ve experienced a wrongful death in your family due to any of these scenarios in Queens, call (646) 647-3398 for a free case evaluation. The Orlow Firm is here to help you navigate the complexities of the legal system and seek the justice and compensation you deserve.
Relevant New York Laws for Wrongful Death Cases
Understanding the relevant laws governing wrongful death claims is crucial for pursuing a successful case. At The Orlow Firm, our team of Queens wrongful death lawyers is well-versed in the legal framework that may apply to your case. Here are some key laws you should be aware of:
New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1: This is the primary statute governing wrongful death claims in New York. It allows the personal representative of the deceased’s estate to bring a wrongful death lawsuit to benefit specific family members.
New York Civil Practice Law and Rules (CPLR) Section 1601: This law relates to “joint and several liability,” determining how multiple defendants may share financial responsibility in a wrongful death claim. In New York, a defendant who is less than 50% at fault may only be responsible for the plaintiff’s “non-economic” losses, like pain and suffering, to the extent of their share of the liability.
Vicarious Liability Laws: In some cases, an entity or person can be held vicariously liable for the actions of another. For example, an employer might be held responsible for the wrongful actions of an employee that lead to a wrongful death.
Dram Shop Laws: Under New York’s Dram Shop Act, businesses that sell alcohol to visibly intoxicated individuals can be held liable if that person subsequently causes a death.
Products Liability Laws: If a defective product is the cause of wrongful death, New York law allows for various types of claims, such as negligence, strict liability, or breach of warranty, against the manufacturer or distributor.
Common Carrier Laws: Entities providing transportation to the public, like buses or trains, are held to higher standards of care and may be liable for wrongful deaths occurring due to negligence or safety lapses.
New York No-Fault Insurance Law: In the context of car accidents, New York follows a no-fault insurance system. However, if the accident results in a death, surviving family members can step outside the no-fault system and pursue a wrongful death claim against the at-fault driver.
Understanding the intricate network of laws that may apply to a wrongful death claim in Queens is vital for a successful outcome. Legal expertise is necessary to navigate the complexities of these laws, each of which comes with its own set of challenges and requirements. If you’ve lost a loved one and believe you have a wrongful death claim, contact The Orlow Firm at (646) 647-3398 for a free case evaluation. We’ll help you understand the laws relevant to your case and guide you through the legal process.
Statute of Limitations for Wrongful Death Cases in New York
In the aftermath of a loved one’s untimely death, time can feel both endless and fleeting. While no amount of money can ever replace your loved one, it’s crucial to act promptly if you’re considering a wrongful death lawsuit. New York law places restrictions on the amount of time you have to file such claims. The concept of a “statute of limitations” can be a difficult one to navigate, especially when you’re grieving. However, it’s a critical aspect of the legal process that you must be aware of.
In New York, the statute of limitations for wrongful death claims is generally two years from the date of the decedent’s death. Missing this window could jeopardize your ability to obtain compensation entirely. This might seem harsh, but the law aims to ensure that evidence is preserved and memories are fresh, enabling a more accurate adjudication of the case.
Exceptions to this rule are rare but do exist. In some instances, the discovery of new evidence or specific circumstances regarding the negligent party could potentially extend the statute. However, relying on these exceptions is risky and should not be considered a viable strategy.
It is also worth noting that wrongful death claims are separate from criminal cases, which may have their own timelines and procedures. Being acquitted in a criminal case doesn’t protect a defendant from being held liable in a wrongful death suit, and vice versa. The two-year timeframe is specifically for civil suits aiming to secure financial compensation for the death of a loved one.
When dealing with the complexities of wrongful death laws in New York, professional legal guidance is essential. Attorneys can navigate the intricacies of state laws, statutes, and filing deadlines to ensure you don’t forfeit your right to pursue justice. If you’re facing the emotional and financial burden of a loved one’s wrongful death in Queens, don’t navigate these choppy waters alone.
For a free case evaluation and to understand how these laws apply to your unique circumstances, call The Orlow Firm at (646) 647-3398.
Additional Resources for Wrongful Death Cases in Queens
Navigating the aftermath of a wrongful death can be a confusing and emotionally exhausting process. While The Orlow Firm is your go-to resource for legal guidance, understanding, and support, we understand the value of additional information and community resources. Here are some valuable resources to aid you through this challenging time:
Centers for Disease Control and Prevention (CDC) – Fatal Injury Reports
This comprehensive database offers insights into fatal injuries and wrongful death statistics across the U.S., including New York. Knowledge is power, and these reports can offer a broader understanding of how and where wrongful deaths occur. Visit CDC Fatal Injury Reports
National Highway Traffic Safety Administration (NHTSA)
If your wrongful death case involves a motor vehicle accident, the NHTSA provides useful data and safety guidelines that could be informative. Visit NHTSA
New York State Department of Health
This state resource offers extensive information on public health safety, injury prevention, and vital records that may be needed when filing a wrongful death claim. Visit New York State Department of Health
Occupational Safety and Health Administration (OSHA)
If the wrongful death occurred in a workplace setting, OSHA’s site offers safety standards and regulations that may pertain to your case. Visit OSHA
NYC Department of Buildings
Should a wrongful death claim involve property negligence or construction mishaps, the NYC Department of Buildings has information on building codes, violations, and safety protocols. Visit NYC Department of Buildings
Psychological Support and Grief Counseling
While we are not mental health professionals, emotional and psychological support is often essential following the wrongful death of a loved one. Many people find solace and guidance through grief counseling.
- Compassionate Friends: Provides support for families after a child dies. Visit Compassionate Friends
- GriefShare: Offers grief recovery support groups. Visit GriefShare
We hope you find these resources helpful in your journey through this difficult period. However, for personalized legal advice and representation, we strongly encourage you to contact The Orlow Firm at (646) 647-3398 for a free case evaluation.
Frequently Asked Questions
What if I partly contributed to the accident?
New York follows the “pure comparative negligence” rule, meaning you can still recover damages even if you were partly at fault. However, your compensation will be reduced by the percentage of your fault.
How much does it cost to hire The Orlow Firm?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we successfully recover compensation for you.
Do I have to go to court?
While many wrongful death cases settle out of court, some do proceed to trial. The decision to go to court depends on various factors including the willingness of both parties to negotiate.
What is my case worth?
The value of your wrongful death case varies depending on factors like the extent of negligence involved, the impact on the family, and potential lost wages. An exhaustive evaluation by our team can give you an estimate.
How long does it take to resolve such cases?
The time frame varies based on the complexities involved. While some cases resolve within a few months, others, especially those that go to trial, can take years to conclude.
How quickly should I contact a lawyer?
It’s crucial to contact a lawyer as soon as possible. Immediate legal advice can help preserve vital evidence and maximize your potential for a successful outcome.
If you have any more questions or need legal guidance, contact The Orlow Firm at (646) 647-3398 for a free case evaluation.
Why Choose The Orlow Firm’s Queens Wrongful Death Lawyers
Choosing the right legal representation is a critical decision, especially when facing the emotional and financial repercussions of a wrongful death. The Orlow Firm sets itself apart with decades of combined experience, specialized focus on wrongful death cases, and a deep understanding of the intricacies of New York law. Our Queens wrongful death lawyers are dedicated to advocating passionately for our clients, ensuring they receive the maximum compensation they are entitled to. We offer personalized attention, keeping you updated at every step of the legal process, and operate on a contingency fee basis, meaning you pay nothing unless we win your case. When you choose The Orlow Firm, you’re not just hiring an attorney; you’re gaining a team committed to fighting tirelessly for justice for you and your loved ones. For unparalleled legal expertise and compassionate representation, contact The Orlow Firm at (646) 647-3398 for a free case evaluation.