Queens Wrongful Death Lawyer

Losing a loved one is one of life’s most painful experiences. When that loss happens because of someone else’s carelessness or wrongful actions, the pain becomes even harder to bear. You and your family deserve justice, and those responsible should be held accountable.

At Oresky & Associates, PLLC, we understand what families go through after losing someone they love. For over 30 years, our team has fought for accident victims and their families throughout New York. We have recovered more than $500 million in compensation for people who trusted us to stand up for their rights. Each Queens wrongful death lawyer on our team brings both legal experience and genuine compassion to every case we handle.

With every case we take, we make sure to listen, understand, offer guidance, and communicate openly with our clients. Our lawyers fight for hardworking people like you and their loved ones with the same dedication we would bring to protecting our own family members. Contact us today for a free, no-obligation consultation to discuss your situation. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.

How Can a Queens Wrongful Death Attorney Help My Family and Me?

After losing a family member, the last thing you need is to feel responsible for a legal battle while trying to grieve. A Queens wrongful death attorney takes that burden off your shoulders. Our attorneys handle every aspect of your case from start to finish, so you can focus on healing and caring for your loved ones.

We will conduct a thorough investigation into what happened and the reasons behind it. This includes gathering evidence, interviewing witnesses, consulting with experts, and reviewing all relevant documents. Our goal is to understand exactly what occurred and identify everyone who shares responsibility for the incident.

Once we know who should be held accountable, we will build a strong case on your behalf. We handle all communication with insurance companies and opposing parties. We are aware of the tactics these companies employ to reduce the amount they pay families, and we stand firm against these strategies.

A wrongful death attorney in Queens will fight to maximize your financial recovery – including taking the at-fault party to court if necessary. Our peers, colleagues, opposing counsel, and local courts recognize us as honest, hardworking, and professional. We always put our clients first and do our best to achieve the best possible results for them. With hundreds of positive reviews from satisfied clients across New York’s Five Boroughs, we have proven that families can count on us.

What Compensation Could I Recover in a Wrongful Death Claim?

The New York wrongful death statute allows surviving family members to seek payment for specific losses resulting from their loved one’s death. Understanding what you can recover helps you recognize the full value of your wrongful death claim.

New York law primarily focuses on the economic losses that the family suffers. These financial losses include the following:

• Medical expenses your loved one incurred before passing away
• Funeral and burial costs
• The loss of financial support that your family member provided
• The income and benefits your loved one would have earned throughout their expected lifetime
• The loss of inheritance that would have been available to family members if your loved one had lived a full life

If your family member survived for any period after the incident that caused their death, you can pursue wrongful death compensation for the pain and suffering they endured before passing away. This claim belongs to the deceased person’s estate rather than to the surviving family members directly.

Our attorneys will carefully evaluate all aspects of your loss to determine the full value of your wrongful death case.

How Are Wrongful Death Settlements Paid Out in New York?

Many families wonder about the practical details of receiving compensation. One of the most common questions we encounter is, “How are wrongful death settlements paid out in New York?” The process involves several steps and legal requirements.

First, the personal representative of your loved one’s estate must file the wrongful death action. This person manages the legal case and receives any settlement or verdict on behalf of the wrongful death beneficiaries in New York.

Once compensation is recovered, it is distributed in accordance with New York law. The personal representative pays any outstanding debts and estate expenses first. This includes funeral costs, medical bills, and legal fees.

The remaining funds are then distributed to the qualifying family members. New York law specifies who is eligible to receive wrongful death proceeds. If family members disagree on how settlement funds should be divided, the court can step in and make that determination. Having an experienced attorney helps ensure the process moves smoothly and fairly for everyone involved.

Settlement payments may be made as a single lump sum or as structured payments over time, depending on the terms negotiated. Our wrongful death law firm will explain all aspects of how payment works and answer any questions you have about the process.

What Must I Prove in a Wrongful Death Case?

To win your case and recover compensation, you must prove that someone else’s negligent actions (or inaction) caused your loved one’s death. Most wrongful death cases rely on proving negligence, which means showing that someone acted carelessly. You must also show that you and your family have suffered real losses as a result of your loved one’s death. This includes financial losses and other harm recognized under New York law.

Gathering strong evidence is essential to proving these points. Your wrongful death lawyer in Queens may collect documentation such as the following:

Who Can File a Wrongful Death Lawsuit in New York?

The personal representative of your loved one’s estate is the only person who can file a wrongful death lawsuit. This personal representative might be someone your loved one named in their will to handle their affairs after death. If your loved one did not leave a will or did not name a personal representative, the court will appoint someone to serve in this role.

While the personal representative files the lawsuit, they do so on behalf of the surviving family members who stand to benefit. The qualifying beneficiaries include the deceased person’s spouse, children, and parents.

In cases where the deceased person was married and had children, both the spouse and children are typically beneficiaries. If the deceased person was not married but had children, those children are the beneficiaries. If the deceased person had no spouse or children, their parents may be the beneficiaries.

How Long Do I Have to File a Wrongful Death Lawsuit in New York?

Time limits for legal action are strict, and missing a deadline can cost your family the chance to recover any compensation. The New York wrongful death statute of limitations gives you two years from the date of death to file your lawsuit in court.

This two-year period starts on the date your loved one passed away, which may or may not be the same date as the accident or incident that caused their death. Suppose your family member survived for days, weeks, or months after the incident before passing away. In that case, the deadline runs from the date of death rather than the date of the original accident.

Missing these very short deadlines can prevent you from pursuing any compensation at all, so you should contact a New York wrongful death lawyer as soon as possible after losing your loved one.

What Are Common Wrongful Death Cases?

Fatal accidents happen in many different ways throughout Queens. Our attorneys have handled wrongful death cases arising from numerous types of incidents, such as the following:

No matter what type of accident took your loved one’s life, our team can investigate what happened and fight for your family.

Contact a Queens Wrongful Death Lawyer Today

Losing someone you love is devastating. When that loss happens because of someone else’s negligence or wrongful actions, you have the right to hold them accountable. You deserve justice, and your family deserves fair compensation for your loss.

At Oresky & Associates, PLLC, we handle wrongful death cases with both legal skill and genuine compassion. Our team is available 24 hours a day, seven days a week, to take your call. We offer free consultations with no obligation. We work on a contingency fee basis, which means you pay nothing unless we win compensation for your family.

Do not let those responsible for your loved one’s death avoid accountability. Do not let insurance companies take advantage of your family during this vulnerable time. We serve families throughout Queens and all of New York’s Five Boroughs. Let us fight for your family while you focus on healing.

Contact Oresky & Associates, PLLC today to speak with an experienced attorney who will stand up for your rights. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.