Queens Wrongful Death Lawyer

Queens Wrongful Death Lawyer

Losing a loved one is a painful experience, especially when someone else's negligence or wrongdoing causes their death. If you're dealing with such a loss, know you're not alone. The team at Mashriqi Law understands the emotional and financial toll a wrongful death can take on surviving family members. We're here to help you seek justice and compensation for your loss.

When you choose Mashriqi Law, you pick a law firm that will handle your case with the sensitivity and dedication it deserves. Our Queens wrongful death attorneys deeply understand New York law and will work tirelessly to ensure that the responsible party is held accountable. We believe in fighting for the rights of our clients and making sure they receive the compensation they need to handle medical bills, lost wages, and other damages related to their loved one's death.

You Deserve an Experienced and Dedicated Queens Wrongful Death Lawyer To Review Your Case

You Deserve an Experienced and Dedicated Queens Wrongful Death Lawyer To Review Your Case

Losing a family member is one of the hardest things anyone can go through. You need a compassionate and seasoned wrongful death attorney to guide you through your case. At Mashriqi Law, we have a team of dedicated wrongful death lawyers ready to review your case and guide you through the legal process.

Understanding Wrongful Death

Wrongful death arises when an individual passes away due to the negligence or misconduct of another party. It's a tragic event that leaves families searching for answers and justice. In Queens, NY, the legal system permits family members to initiate a wrongful death claim to pursue compensation for their loss.

This legal action is not just about financial recovery but about holding the responsible party accountable for their actions. It provides a way for families to cover expenses related to their loved one's death, such as funeral costs and lost income. Recognizing your rights in these situations is crucial; an experienced wrongful death attorney can offer the guidance you need.

Definition of Wrongful Death

Wrongful death refers to a casualty caused by the negligence or wrongful act of another person.

In Queens, NY, the law allows a representative of the deceased's estate to file a wrongful death action on behalf of the victim's family members. The legal process seeks to recover compensation for the losses incurred as a result of the victim's death.

Common Causes of Wrongful Death

Common Causes of Wrongful Death
  • Car Accidents: Many wrongful deaths happen due to car accidents caused by negligent drivers. Whether it's due to speeding, drunk driving, or distracted driving, families can pursue compensation for their loss.
  • Medical Malpractice: When healthcare professionals neglect to deliver the necessary standard of care, resulting in a patient's death, it's considered medical malpractice. Families may file a wrongful death claim as a means of seeking justice.
  • Workplace Accidents: Unsafe work environments can lead to fatal accidents. Employers can be held liable if it's due to faulty equipment or lack of safety protocols.
  • Product Defects: If a defective product leads to death, the manufacturer can be sued for wrongful death. This includes everything from faulty appliances to dangerous pharmaceuticals.
  • Premises Liability: Property owners must ensure their premises are safe. If a death occurs due to unsafe conditions, a wrongful death lawsuit can be filed.
  • Criminal Acts: Deaths resulting from criminal acts, such as assault or homicide, can also lead to wrongful death claims. These are pursued in civil court, separate from any criminal proceedings.
  • Pedestrian Accidents: Pedestrians struck by vehicles can result in wrongful death cases if the driver is at fault. These cases often involve complex legal arguments regarding right of way and driver negligence.

Common Injuries Associated With Wrongful Death Cases

  • Traumatic Brain Injuries: Severe head injuries can lead to death, whether immediately or after a period of medical treatment.
  • Spinal Cord Injuries: Spinal injuries have the potential for fatality, especially if they result in severe respiratory or circulatory complications.
  • Internal Organ Damage: Blunt force trauma or penetrating wounds can cause internal bleeding and organ failure, leading to death.
  • Severe Burns: Burns can lead to fatal infections or organ failure, especially in cases of extensive third-degree burns.
  • Multiple Fractures: Severe accidents can cause multiple fractures that lead to fatal complications, such as fat embolism syndrome.
  • Asphyxiation: Deaths caused by choking, drowning, or suffocation in unsafe environments can lead to wrongful death claims.
  • Poisoning: Exposure to toxic substances or overdose of drugs can cause death, leading to potential wrongful death actions.

Legal Basis for Wrongful Death Claims in New York

The legal basis for a wrongful death claim in New York is found in the Estate, Powers, and Trusts Law (EPTL) Section 5-4.1. This statute allows the personal representative of the deceased's estate to file a claim seeking compensation for the financial hardships faced by surviving family members. It's important to understand that these claims are not about punishing the responsible party but providing necessary financial support to those left behind.

Legal Process for Wrongful Death Claims in Queens

Legal Process for Wrongful Death Claims in Queens

The legal process for a wrongful death claim in Queens involves several key steps. It starts with a thorough investigation into the circumstances surrounding the death and followed by the collection of evidence to substantiate the claim. This evidence can include medical records, accident reports, and witness statements.

Initial Consultation and Case Evaluation

The primary step in pursuing a wrongful death claim involves consulting with a wrongful death attorney. During this free consultation, the attorney will assess the merits of your case, demonstrate your legal options, and discuss the potential outcomes. It's a critical step in understanding the process and setting realistic expectations for the case.

Investigation and Gathering Evidence

A thorough investigation is crucial for constructing a solid wrongful death case. This involves collecting all relevant evidence, such as autopsy reports, medical records, and witness statements. An experienced wrongful death lawyer will know precisely what evidence is needed and how to obtain it.

Filing the Wrongful Death Lawsuit

Once the necessary evidence has been gathered, the next step is to file the wrongful death lawsuit in court. This legal document outlines the basis of the claim, the parties involved, and the damages being sought. It officially starts the legal process and sets the stage for the case to proceed.

Discovery Phase

The discovery phase is a period where both parties exchange information and evidence related to the case. This can include depositions, where witnesses and parties are questioned under oath, and the examination of documents and other evidence. It's a critical phase for uncovering additional details supporting the claim.

Settlement Negotiations or Trial

Numerous wrongful death cases are settled through negotiation discussions. If a fair settlement can be reached, it can provide a quicker resolution and compensation for the family. However, the case may go to trial if a settlement isn't possible. An experienced wrongful death lawyer will be prepared to argue the case in court, presenting evidence and advocating for the maximum compensation possible.


Determining liability in a wrongful death case requires proving negligence or wrongful act of another party caused the death. This requires showing that the responsible party had a duty to the deceased, breached that duty, and that the breach directly caused the death. It's a complex legal challenge that requires the expertise of a wrongful death attorney.

Liability may involve multiple parties, including individuals, companies, or even governmental entities. A seasoned wrongful death attorney will be able to assess all potential defendants and hold them accountable for their part in the tragic event. Proving liability is the foundation of a successful wrongful death claim, and it's where experienced wrongful death attorneys excel.

Possible Defenses in a Wrongful Death Case

Possible Defenses in a Wrongful Death Case
  • Comparative Negligence: The defense may argue that the deceased was partially responsible for their own death, potentially reducing the compensation awarded to the family.
  • Assumption of Risk: If the deceased knowingly engaged in a risky activity, the defense might claim that they assumed the risk, potentially barring recovery.
  • Statute of Limitations: The defense could argue that the wrongful death claim was not filed within the time frame required by New York law, seeking to dismiss the case.
  • Release or Waiver: If the deceased signed a release or waiver of liability before engaging in an activity that led to their death, the defense might use this to argue against liability.
  • Lack of Causation: The defense may contest the claim by arguing that the actions of the defendant did not directly cause the death, challenging the link between their conduct and the fatal outcome.

Statute of Limitations

In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased's death. This means that the estate's personal representative must file the lawsuit within this time frame to seek compensation. Failing to initiate within the statute of limitations can result in the loss of the right to recover any compensation, highlighting the importance of consulting with a wrongful death lawyer as soon as possible after the death occurs.

Damages You May Receive Under a Queens Wrongful Death Claim

Damages You May Receive Under a Queens Wrongful Death Claim
  • Funeral and Burial Expenses: Family members can recover the costs associated with the funeral and burial of their loved one, alleviating some of the financial burdens of their loss.
  • Lost Wages and Future Earnings: Survivors may be eligible for compensation, including the earnings the deceased would have provided if they had lived, supporting the family's financial future.
  • Medical Expenses: Recoverable damages may include any medical expenses associated with the victim's final illness or injury, ensuring the family is not left with these financial burdens.
  • Pain and Suffering: While no amount of money can compensate for the loss of a loved one, compensation for pain and suffering acknowledges the emotional impact of the death.
  • Loss of Consortium and Companionship: Compensation can also reflect the loss of the love, companionship, and support the deceased provided to their family members.

How Our Wrongful Death Lawyers Can Help After a Loved One's Wrongful Death in Queens, NY

  • Case Evaluation: Our wrongful death lawyers will thoroughly evaluate your case, offering expert advice on the best course of action.
  • Investigation: We will carry out a thorough investigation to collect all essential evidence and build a strong case on your behalf.
  • Legal Expertise: Our team deeply understands New York wrongful death laws, ensuring your case is handled with the highest level of legal expertise.
  • Negotiation: We hold extensive experience in negotiating with insurance providers, striving to secure the maximum compensation possible for our clients.
  • Trial Representation: If your case goes to trial, our wrongful death attorneys are prepared to fight passionately in court, advocating for justice for your loved one.


The first step is to contact a Queens wrongful death attorney for a free consultation. They can assist you in understanding your legal options and begin filing a claim.

In New York, the personal representative of the deceased's estate must initiate a wrongful death claim. However, the damages recovered can benefit the deceased's spouse, children, and sometimes other family members, depending on the circumstances.

The time frame for resolving a wrongful death claim can vary widely, depending on the complexity of the case, the amount of evidence, and whether the case is settled or goes to trial. Your wrongful death lawyer can provide a more detailed timeline based on the specifics of your case.

Get Help From Our Experienced Queens Wrongful Death Lawyers at Mashriqi Law | Call Us Today!

Get Help From Our Experienced Queens Wrongful Death Lawyers at Mashriqi Law | Call Us Today!

If you've lost a loved one due to someone else's negligence, you don't have to face this challenging time alone. The experienced Queens wrongful death lawyers at Mashriqi Law are here to support you every step of the way. Contact us today for a free consultation to discuss possible wrongful death lawsuits.

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