If you are reading this, someone you love may have died because of another person’s carelessness. Perhaps it was a crash on Queens Boulevard, a pedestrian strike on Woodhaven Boulevard, a fall at a construction site, or a collision on the Long Island Expressway just across from the LeFrak City towers. Whatever happened, we are sorry. No article can lessen that loss.
What this guide can do is take some uncertainty off your shoulders. Grieving families in Rego Park often tell us the same things: they do not know what they are supposed to do next, they are getting calls from insurance companies, and they worry about deadlines they do not understand. Below, a wrongful death lawyer in Rego Park explains, slowly and plainly, what matters now, what can wait, and how New York’s wrongful death law works. Read as much as you need. Come back to the rest later.
What Matters in the First Few Weeks
Grief comes first. Funeral arrangements, religious observances, being with family: these are what matter right now. There are only a few legal and practical things worth doing early, and someone else can help with most of them.
- Keep important papers together. The police report number, the death certificate, hospital records, insurance cards, and any letters or business cards you receive. A folder or a large envelope is enough.
- Do not give recorded statements to any insurance company. You can politely say the family will have a representative contact them.
- Do not sign anything from an insurer, including releases or checks marked “full and final,” without advice.
- Preserve personal items. Phones, clothing, a damaged bicycle or car: do not discard them. They may matter later.
- Write down what you know when you are ready: names of witnesses, what police said, what you were told at the hospital.
A lawyer can take on the rest, including gathering reports, preserving evidence, and dealing with insurers, so the family can focus on each other.
What “Wrongful Death” Means in New York
A wrongful death claim is a civil claim brought when a person dies because of another party’s wrongful act, neglect or default, conduct that would have given the person a right to sue had they survived. It is not a criminal case. A wrongful death claim can proceed whether or not anyone is charged with a crime, and it uses a lower standard of proof.
New York’s wrongful death statute is in the Estates, Powers and Trusts Law, Section 5-4.1 and following. You can read the statute on the New York State Senate website.
Who Brings the Claim
In New York, a wrongful death claim is brought by the personal representative of the person’s estate, an executor named in a will or an administrator appointed by the Surrogate’s Court. In Queens, that is the Queens County Surrogate’s Court in Jamaica. Family members do not each file their own claim; the representative brings one claim on behalf of the family members who are entitled to recover, called the distributees.
If no estate has been opened, a lawyer can help the family petition the Surrogate’s Court for “limited letters of administration,” which allow the representative to pursue the claim. This is usually one of the first steps.
What a Wrongful Death Claim Can Recover
Traditionally, New York has allowed recovery for the family’s pecuniary (financial) losses caused by the death. These can include:
- Funeral and burial expenses.
- Medical expenses incurred before death.
- The financial support the person would have provided to the family over their lifetime.
- The value of services the person provided, such as childcare, household work and care for others.
- The loss of parental guidance, care and nurture for children, which New York courts recognize as having financial value.
- Lost inheritance, in some cases.
Historically, New York has not allowed families to recover for their own grief and emotional suffering in a wrongful death action. Proposals to change that, most notably the Grieving Families Act, have been debated and passed by the legislature in various forms in recent years, with vetoes and revisions along the way. Because this area of law has been changing, ask a lawyer about the current rules that apply to your family’s case.
The Survival Claim: The Person’s Own Suffering
Alongside the wrongful death claim, the estate may bring a survival claim for the harm the person suffered before death. This can include conscious pain and suffering between the injury and death, and pre-impact terror in some cases where there is evidence the person was aware of impending harm. Medical records, witness statements and EMS reports help establish these damages.
The Deadline: Two Years
Generally, a wrongful death lawsuit in New York must be filed within two years of the date of death. Survival claims follow the deadline that would have applied to the person’s own claim, typically three years from the injury for negligence. When a public entity, such as the City of New York or the MTA, may be responsible, a Notice of Claim must generally be served within 90 days of the appointment of a representative for wrongful death claims (and within 90 days of the injury for the survival claim), with suit following within the statutory period. Because these deadlines are strict and interact in technical ways, contact a lawyer early, even if the family is not ready to make decisions.
Common Causes of Wrongful Death in and Around Rego Park
- Traffic crashes on Queens Boulevard, Woodhaven Boulevard and the Long Island Expressway.
- Pedestrian deaths at wide intersections, particularly involving turning vehicles.
- Truck and bus crashes, including those involving MTA buses or city vehicles.
- Construction accidents on the many residential and commercial projects in Rego Park and Forest Hills.
- Falls in buildings with broken stairs, handrails or poor lighting.
- Medical negligence, which has its own rules and shorter deadlines in some situations.
How the Case Is Investigated
While the family grieves, a lawyer can:
- Obtain the police report and, in fatal crashes, the NYPD Collision Investigation Squad’s findings when available.
- Preserve video from businesses on Queens Boulevard and 63rd Drive.
- Secure vehicle data, including black box information.
- Identify every responsible party and every insurance policy.
- Work with experts to calculate financial losses.
- Communicate with prosecutors if a criminal case is pending, so the civil case does not interfere.
How Money Is Distributed
Any recovery in a wrongful death claim is distributed to the family members entitled to it, generally the spouse, children and, in some cases, parents, under rules set by statute and approved by the Surrogate’s Court. The court considers each person’s actual financial losses. A lawyer will explain this process as the case moves forward.
Children, Seniors and Families Without a Wage Earner
Families sometimes believe there is no claim if the person who died was a child, a retiree or someone who did not earn wages. That is not necessarily so. The value of care, household services, guidance and companionship provided by a parent, grandparent or homemaker can be significant. The loss of a child is devastating, and while New York’s traditional rules focus on financial losses, the law has been evolving. A lawyer can assess what may be recovered under the current rules.
The Emotional Side of a Legal Case
Some families feel that pursuing a claim is somehow disrespectful, or that it puts a price on a life. Many find the opposite: that holding a negligent party accountable honors the person they lost, provides security for children, and sometimes leads to changes that protect others. There is no right or wrong way to feel. A good lawyer will move at the family’s pace and handle the details so you do not have to.
We Are Here When You Are Ready
Mushiyev Law represents families across Queens and Nassau in wrongful death cases. We can meet at your home, by phone or by video, and we will answer your questions without pressure. There is no attorney fee unless we recover money for the family. Visit our home page or contact us.
Directions From Rego Park to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
If you would like to visit our office, the route from Rego Park runs via the Van Wyck Expressway south to the Belt Parkway east and the Cross Island Parkway. We are equally glad to come to you.
Questions Families Often Ask Us Privately
“Will we have to go to court?” Most wrongful death cases resolve without a trial. If a lawsuit is filed, family members may be asked to give testimony about the person they lost, usually in a deposition, which is a recorded question-and-answer session in a conference room. Your lawyer will prepare you and be with you throughout.
“What if our loved one was partly at fault?” New York follows pure comparative negligence. If the person who died bore some responsibility, for example crossing against the signal, the family’s recovery is reduced by that percentage but not eliminated.
“What if the driver had very little insurance?” Many drivers carry only New York’s minimum policy. Additional sources may include the vehicle owner’s coverage, an employer’s commercial policy if the driver was working, and Supplementary Underinsured Motorist coverage on the family’s own policies. Identifying every source is part of a lawyer’s job.
“Does it matter if our loved one did not have a will?” No. If there was no will, the Surrogate’s Court appoints an administrator, often a spouse or adult child, and New York’s intestacy rules help determine the distributees.
“Can we talk to the press or post online?” You can, but statements made publicly can sometimes be used by the defense. It is wise to speak with your lawyer first about what to share.
Frequently Asked Questions
Who can file a wrongful death claim in Rego Park?
The personal representative of the estate, either an executor named in a will or an administrator appointed by the Queens County Surrogate’s Court, brings the claim on behalf of the family members entitled to recover.
How long do we have to file a wrongful death lawsuit in New York?
Generally two years from the date of death. Claims against public entities require a Notice of Claim, typically within 90 days of the representative’s appointment, so contact a lawyer early.
What damages can a family recover?
Traditionally, financial losses such as funeral costs, lost support, lost services and the value of a parent’s guidance. The estate can also recover for the person’s conscious pain and suffering before death. The rules on grief-related damages have been evolving, so ask about current law.
Does a criminal case have to finish before we file?
No. A civil wrongful death claim can proceed independently, though a lawyer will coordinate timing if a criminal case is pending.
How much does a wrongful death lawyer in Rego Park cost?
Mushiyev Law handles wrongful death cases on contingency: no attorney fee unless the family recovers.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.