In Queens, families who suffer the loss of loved ones due to another party’s negligence encounter a challenging legal landscape involving wrongful death claims. Attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. sheds light on the intricacies of wrongful death actions under New York law, helping families navigate their options for seeking justice and compensation.
A wrongful death claim arises when a person dies as a result of another party’s wrongful act or neglect, according to New York Estates, Powers and Trusts Law Section 5-4.1. This type of claim enables the personal representative of the deceased’s estate to file a lawsuit on behalf of the distributees, such as surviving spouses, children, parents, or siblings. Sanchez emphasizes that the distribution of wrongful death proceeds is based on the pecuniary losses incurred by the distributees rather than the deceased’s will.
Under New York’s strict guidelines, wrongful death damages primarily encompass measurable economic harm, which includes medical expenses incurred before death, funeral costs, and the value of household services provided. Families cannot claim damages for emotional suffering or loss of companionship; however, survival actions can address any pain and suffering endured by the deceased prior to death.
The legal distinctions between wrongful death claims and survival actions are crucial. While wrongful death lawsuits focus on losses survivors experience due to a death, survival actions aim to compensate the estate for losses the deceased faced before passing. Both claims can be included in the same lawsuit, allowing families to seek comprehensive recovery.
Common causes of wrongful death claims in Queens include motor vehicle accidents, construction site incidents, medical malpractice, nursing home neglect, and workplace mishaps. To prevail in a wrongful death lawsuit, attorneys must demonstrate the elements of negligence: duty of care, breach of that duty, causation linking the breach to the death, and quantifiable financial damages suffered by the family.
New York also allows families to recover damages even if the deceased shares some responsibility for the accident, maintaining a system of pure comparative negligence. However, it is essential for families to act quickly, as they have a strict two-year statute of limitations from the date of death to file wrongful death lawsuits.
K L Sanchez Law Office, P.C. is dedicated to guiding families through these complex proceedings. With over a decade of experience, Keetick L. Sanchez and his team provide diligent representation in wrongful death cases throughout New York City, assisting families in their pursuit of justice while prioritizing their rights to compensation.
For those navigating wrongful death claims in the Queens area, reaching out to an experienced attorney can be a vital step toward ensuring proper legal representation and protecting their interests during such a challenging time.