Wrongful Death Lawyer Queens County, NY
Your family member was crossing Northern Boulevard on foot when a delivery truck ran a red light. The injuries were catastrophic, and the loss is devastating. You are faced with funeral expenses, lost financial support, and the emotional weight of an unexpected death. If someone else’s negligence caused the accident, your family may be entitled to compensation. At Law Offices Of SRIS, P.C., our New York location helps families in Queens County pursue wrongful death claims so they can focus on healing while we handle the legal process. Call (888) 437-7747 to request a consultation.
Our Approach to Wrongful Death Representation in Queens County
Wrongful death cases demand a thorough investigation and a clear, compassionate strategy. Mr. Sris and the firm’s Of Counsel attorneys begin by gathering all available evidence — police reports from the NYPD’s 103rd or 109th Precinct, surveillance video from nearby businesses along Roosevelt Avenue or the Van Wyck Expressway, witness statements, and, when necessary, testimony from accident reconstruction attorneys. We work to identify every potentially responsible party, whether it’s a negligent driver, a trucking company with poor maintenance records, a public transit operator, or a property owner whose unsafe premises led to a fatal fall.
Many wrongful death claims in Queens are resolved through negotiation with insurance carriers, but when a fair settlement cannot be reached, we are prepared to litigate in Queens County Supreme Court at 88-11 Sutphin Boulevard, Jamaica. The court requires meticulous documentation of economic and non-economic losses, and our team works with medical billing attorneys and vocational attorney to present a complete picture of the harm your family has suffered. Mr. Sris’s experience as a former prosecutor gives him insight into how opposing counsel evaluates liability and damages, which often helps in reaching a resolution more efficiently.
Wrongful death actions in New York must be commenced within two years from the date of death under the Estates, Powers and Trusts Law § 5-4.1. If a delay occurs, your family’s right to recover may be lost. Contacting our firm promptly allows us to preserve critical evidence and build the strong case. We handle these matters on a contingency fee basis — you pay no attorney’s fees unless we recover compensation.
What to Expect When Pursuing a Wrongful Death Claim
When you reach out to our firm, the initial consultation is a conversation about what happened and the losses your family has experienced. We listen, explain New York’s wrongful death laws in plain terms, and outline what a legal path forward could look like. Once you decide to move ahead, our team begins a comprehensive investigation. This often involves obtaining the accident report, securing 911 call recordings, analyzing the vehicle’s event data recorder if a crash involved a truck or commercial vehi‑cle, and interviewing witnesses while their recollections are fresh.
The next step is to assemble a claim that clearly demonstrates liability and quantifies the full extent of your damages. We collect medical bills, funeral invoices, pay stubs showing lost income, and, in many cases, hire an economist to project future financial support that the deceased would have provided. New York applies a pure comparative fault standard — the recovery can be reduced by the percentage of fault attributed to the deceased, so it is vital to present evidence that minimizes any comparative negligence argument from the defense. If the claim involves a governmental entity such as the MTA or a city agency, a notice of claim must be served within 90 days, a deadline that is strictly enforced. We manage these procedural requirements so you do not have to worry about missing a crucial filing date.
Most wrongful death claims settle before trial, but if a fair offer is not forthcoming, we are prepared to take the matter to a jury. The Queens County Supreme Court civil trial process includes discovery, depositions, mandatory settlement conferences, and, if necessary, a trial before a judge or jury. Throughout, we keep you informed, explain your options at each stage, and advocate actively for the compensation your family deserves.
Damages in a Wrongful Death Case
New York law permits the personal representative of the deceased’s estate to seek two broad categories of damages. Economic damages cover the financial losses resulting from the death: medical expenses incurred before death, funeral and burial costs, and the value of the financial support the deceased would have provided to surviving family members over the course of their expected working life. Non-economic damages address the personal and emotional loss: the loss of parental guidance and companionship for minor children, the deprivation of a spouse’s consortium and society, and the loss of the deceased’s household services and contributions. Unlike some states, New York does not impose a statutory cap on these damages, so the compensation sought reflects the actual economic and emotional toll of the loss.
When the death stemmed from a motor vehicle accident, New York’s “serious injury” threshold under Insurance Law § 5102 must be met for the estate to recover non-economic damages. However, fatalities almost always satisfy this requirement. The firm works with medical experts and accident reconstruction attorney to establish the severity of the harm and the full impact on the family, preparing a thorough damages presentation whether the case resolves through settlement or goes to trial.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has represented personal injury victims and their families since 1997. His experience as a former prosecutor gives him a valuable perspective on how liability is evaluated by insurers and defense attorneys. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and is supported by a team of Of Counsel attorneys who bring extensive combined legal experience to each wrongful death matter the firm handles. Results may vary.
For a full statutory breakdown of New York wrongful death law, see our comprehensive guide on our main site.
Frequently Asked Questions
Who can file a wrongful death lawsuit in New York?
In New York, only the personal representative of the deceased person’s estate may bring a wrongful death claim. The representative can be named in the deceased’s will or appointed by the Surrogate’s Court. The lawsuit seeks compensation for the benefit of the deceased’s statutory distributees — typically a spouse, children, or parents — but the estate files the action. If no representative has been appointed, one must be sought before the claim can move forward.
How long does a wrongful death case take to resolve?
The duration of a wrongful death case varies depending on the complexity of the investigation, the willingness of the insurance company to settle, and the court’s schedule in Queens County. Some claims resolve within months when liability is clear and damages are fully documented; others may proceed through discovery, depositions, and trial over a longer period. We keep clients updated on the timeline and work to move the case forward as efficiently as possible without sacrificing thorough preparation.
What if the death was caused by a government-owned vehicle or agency?
If a city bus, sanitation truck, or another municipal vehicle caused the death, strict notice requirements apply. A notice of claim must be served on the appropriate municipality within 90 days of the incident. Failing to meet this deadline can bar the claim entirely. Our team immediately investigates whether a public entity is involved and ensures that the required notice is timely filed.
How much does a wrongful death lawyer cost?
Wrongful death cases are typically handled on a contingency fee basis. This means you pay no upfront fees or out-of-pocket costs. Instead, the attorney fee is a percentage of the recovery — often around 33⅓% — and is only paid if compensation is obtained. The exact percentage depends on the circumstances of the case and will be clearly explained in the engagement agreement. Court filing fees (currently in Queens County Supreme Court) and other litigation costs are generally advanced by the firm and reimbursed from the settlement or verdict.
Can I still recover damages if my loved one was partly at fault?
Yes, New York follows a pure comparative fault rule, which means the estate can recover damages even if the deceased was partially responsible for the accident. However, the total recovery is reduced by the percentage of fault attributed to the deceased. For example, if a jury finds the deceased 20% at fault and the total damages are $1 million, the recoverable amount would be $800,000. Our attorneys work to minimize any comparative fault assigned to the deceased by presenting strong evidence of the defendant’s negligence.
What kinds of deaths can lead to a wrongful death claim?
Any death caused by another party’s negligence, recklessness, or intentional act can give rise to a wrongful death claim. In Queens, common circumstances include motor vehicle collisions (car, truck, bus, rideshare), pedestrian and bicycle accidents, construction site fatalities, falls on unsafe premises, nursing home neglect, and medical malpractice. The key issue is whether the defendant owed a duty of care and breached that duty, resulting in the death.
Do I need a lawyer for a wrongful death claim?
While you are not legally required to hire an attorney, pursuing a wrongful death claim without legal representation can be extremely difficult. Insurers often offer settlements that do not reflect the full value of the claim, and navigating the procedural rules of Queens County Supreme Court — including discovery deadlines, expert witness disclosure requirements, and the two-year statute of limitations — is complex. An experienced attorney can handle these challenges while you focus on your family’s well-being.
Request a Consultation
Losing a family member is painful enough without the added burden of a legal fight. If you believe someone else’s negligence caused your loved one’s death, the lawyers at Law Offices Of SRIS, P.C. are ready to listen and to help. There is no fee for an initial consultation, and you owe nothing unless we obtain compensation for you. Call (888) 437-7747 today to schedule a time to speak with us.
By appointment: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. Our New York location serves clients throughout the state, including Queens County. Call (888) 437-7747 for scheduling.
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Case results depend on a variety of factors unique to each case.
Results may vary.