Top New York Wrongful Death Lawyers
Our attorneys are recognized as leaders in New York
wrongful death trial law. Six of our attorneys have achieved
AV Preeminent status with
Martindale-Hubbell representing the highest ranking for ethical standards and legal ability.
Five of our attorneys have been included in
Super Lawyers in the New York Metropolitan Area as published in the Magazine Section
of the New York Times. Our firm is listed among the
Best Lawyers in the State of New York and is listed among the Best Law Firms in the
New York Metro area by
US News & World Report.
Experienced Attorneys in Litigating New York Wrongful Death Claims
The loss of a loved one is never easy to cope with, especially when the
death is unexpected. In addition to the emotional hardships caused by
the sudden loss of a loved one, families may also face considerable financial
strain. In some cases, the sudden death of an individual can cause their
family to lose an essential income. Furthermore, victim's families
may face high medical bills that the deceased incurred prior to death.
As a result, victim's families may have grounds for a wrongful death
lawsuit if their loved one's death was caused by another party's
negligence. At Queller, Fisher, Washor, Fuchs, & Kool, our New York
wrongful death lawyers understand significant emotional and financial
strain caused by an unexpected death. We realize that the sudden loss
of a loved one will be one of the most difficult and stressful times of
our clients' lives. While we can't alleviate the sense of pain
and loss caused by an unexpected death, we do our best to help lessen
the financial burden by pursuing maximum compensation in court. In fact,
our attorneys have recovered over $100 million in wrongful death cases
Has someone you love unexpectedly died? Do you believe their death was
the cause of another individual's negligence? If so, you may have
grounds for a wrongful death lawsuit. For a free review of your legal
options, call 212-406-1700 or
contact us online. Our cases are taken on a contingent fee basis. If we accept your case,
there is no fee unless we recover monetary damages.
Do You Have Grounds for a Wrongful Death Lawsuit?
To have grounds for a wrongful death lawsuit, the victim's family must
be able to prove that the responsible party acted negligently. For the
responsible party to have acted negligently, they must have had a duty
of care-a legal responsibility to act with a degree of caution when performing
potentially dangerous actions-to the victim. The responsible party acted
negligently if they violated their duty of care. Additionally, the victim's
family must be able to prove that the responsible party's negligence
was the direct cause of death. Furthermore, the victim's death must
have inflicted either economic or non-economic damages on their family.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool handle all forms
of wrongful death claims, including but not limited to:
What Type of Compensation is Available to a Victim's Families?
New York wrongful death claims arise when an individual dies as a result
of the negligent act of another person or entity. As in other types of
cases, "common law" negligence principles apply, whereby the
responsible party can be found liable if it is proven that the death was
caused due to the failure to use reasonable care under the circumstances
of the accident. A wrongful death could occur through any type of accident,
including but not limited to an automobile accident, construction accident,
fall down accident, or medical malpractice.
Retaining a top notch New York lawyer to institute a wrongful death lawsuit
is of paramount importance not only to prove liability against one or
more defendants, but also because of New York's restrictive and nuanced
laws as they relate to what monetary damages can be recovered in a wrongful
The most striking limitation on recovery of damages in New York relates
to the fact that New York State generally does not permit recovery of
damages due to the emotional distress suffered by family members as a
result of the death of a loved one. Inasmuch as each State has its own
wrongful death laws, New York is in the minority as one of few States
that does not permit monetary damages for the emotional distress for the
loss of a loved one. Our clients are often shocked when learning of this
limitation. Sadly, some attorneys who hold themselves out as "wrongful
death' attorneys are not themselves aware of these limitations. At
Queller, Fisher, Washor, Fuchs & Kool we view these laws as antiquated
and unfair, and are active in lobbying the New York state legislature
to try to get these laws changed, and to allow compensation for the emotional
distress caused by the loss of a loved one. Concurrently, we appreciate
the importance of having the cutting edge expertise necessary to maximize
compensation for monetary damages that are currently recoverable for wrongful
death actions in New York State. In some cases, however, it should be
noted that there is an important exception in New York State to the general
rule which precludes compensation for negligent infliction of emotional
distress. This is commonly known as the "zone of danger" exception.
The exception applies if the family member was actually present and/or
observed the accident which caused the death of his/her loved family member.
In such cases that the aggrieved family member was in fact in this zone
of danger at the time of the accident, he/she may be entitled to a legal
recovery for the emotional distress caused by the negligence of the Defendant.
The "zone of danger rule" is yet another example of New York's
nuanced and multifaceted wrongful death laws, which makes the cholce of
one's attorney especially important.
Wrongful death cases in New York are governed by The New York Estates,
Powers and Trust Laws (also known as the EPTL). Section 5-4.1 of the EPTL
is entitled "Action by personal representative for wrongful act,
neglect or default causing death of decedent." This statute authorizes
a representative of the estate (usually a surviving family member) to
bring a legal action for wrongful death. In simpler terms, a family member
is customarily appointed administrator of the decedent's estate and
is in effect the Plaintiff bringing the lawsuit. However, it should be
noted that the person appointed administrator is not determinative of
how much compensation the they or other family members may be entitled
to as a result of the death of a loved one. Section 5-4.3 of the EPTL
governs the type of losses that can result in monetary damages in a wrongful
death lawsuit. The statute is a pecuniary loss statute, which means that
all allowable damages under this statute are limited to, and measured
by, economic loss.
The most common example of economic loss suffered in a wrongful death action
involves the death of a loved one who financially supported the family.
In such instances, our law firm routinely will retain an economist to
opine on the economic loss that is suffered by the next of kin. The calculation
of economic loss can be more complicated than one might expect, since
it is not as simple as merely determining what a wage earner would have
earned during his/her life expectancy, had he/she survived. Wage increases
must be considered, as well benefits that the family may have lost such
as medical, pension and/or annuity benefits. Moreover, a personal consumption
analysis must be made by the economist hired by your law firm. Indeed,
the loss to the family is not the entire income of the decedent, but rather
the income of the victim less any amount that they would have personally
consumed. It is much better to address such issues head on, rather than
leaving them to the Defendant to undermine the credibility of your client's
own expert (Plaintiff's expert) for failing to perform a complete
and accurate analysis.
Although the Estates powers and Trust Law limits losses to pecuniary or
economic damages, a family's economic damages can be measured in other
ways beyond the deceased's income. For example, there is an economic
value of the loss of services of the decedent to the surviving spouse.
A jury can evaluate such services and assign an economic loss to it, which
serves as a measure of economic damages that can be recovered by the surviving
spouse. Similarly, if the decedent had children, there is an economic
value that can and should be evaluated to determine the value of the loss
of parental guidance suffered by the decedent's children. Monetary
awards in such cases usually are heavily dependent on the age of the surviving
child. For instance, the loss of parental guidance to a 2 year old is
typically greater than the same loss to an 18 year old. (However, contrary
to misconceptions among lawyers inexperienced in this area of New York
Law, children of any age have a legal right to monetary recovery for the
loss of the advice and care of a parent who suffered wrongful death).
The family of an individual who has suffered a wrongful death may also
be able to recoup compensation for pain and suffering. This cause of action
is outside of the EPTL, and thus does not involve economic loss. Rather,
it involves monetary compensation to the decedent (and thus to his/her
estate) for any pain and suffering they endured prior to death, as a result
of the negligence of the Defendant. The period of time of pain and suffering
could be seconds, minutes, hours, days or even years. Our law firm typically
hires forensic medical experts in such cases, especially when there are
serious issues as to the length and nature of any pain and suffering that
occurred prior to death. The length and nature of any suffering are the
focus of any jury in determining this aspect of damages, and thus it is
imperative to prepare to prove the same for purposes of any settlement
and for a potential trial. Again, it is extremely important to thoroughly
and meticulously prepare a wrongful death case, and to hire all appropriate
experts for all areas of potential loss.
Victims’ Families Should Contact an Attorney Immediately
Due to the statute of limitations, it is important for families of deceased
individuals to seek the counsel of an attorney as soon as possible. In
most cases, the statute of limitations for New York wrongful death lawsuits
is two years. The statute of limitations is a law that specifies the amount
of time an individual has to file a claim following an incident. Failure
to file a lawsuit before the statute of limitations expires can result
in victim's families being forever barred from the compensation they
may be eligible to receive. As a result, it is imperative that victim's
families hire an attorney who will handle their claims in a timely manner.
At Queller, Fisher, Washor, Fuchs & Kool our wrongful death lawyers
have decades of combined experience handling wrongful death claims. We
understand all of the time constraints posed by the statute of limitations.
Our attorneys file all of our clients' claims in a timely manner so
that they may be eligible to receive compensation for the damages caused
by their loved one's death.
If someone you love has unexpectedly died, Queller, Fisher, Washor, Fuchs
& Kool will give you a
free consultation to see if you have grounds for a lawsuit. To see if compensation is available
to you, call
212-406-1700 or fill out our case review form.