After an unexpected death, your family may be arranging a funeral, caring for children, and trying to understand what happened. Questions about responsibility and financial support can feel especially difficult while you are grieving. A Queens wrongful death lawyer can explain your options and take on the legal work involved in seeking accountability.
The Rothenberg Law Firm represents families who have lost loved ones because of negligence or misconduct. With more than 55 years of personal injury experience, we investigate the circumstances of a death, identify available claims, and pursue compensation that reflects the losses the law recognizes.
Legal Support for Families in Queens
Choosing a lawyer after a death involves trust. You need someone who will listen carefully, explain unfamiliar decisions, and give the case the attention it requires. Our firm invests time and resources in serious injury and wrongful death matters, including preparing for trial when necessary.
We work to understand your loved one's role in your family: the income they provided, the children they raised, and the practical support others relied on. Those details help us investigate the financial consequences of the loss and present a fuller account of your family's needs.
Our Queens office is at 1 Station Square, Forest Hills, NY 11375. We serve families throughout the borough. Learn more about The Rothenberg Law Firm and our approach to representing clients.
What a Wrongful Death Claim Can Address
A wrongful death claim seeks civil accountability when another person's or organization's wrongful conduct causes a death. It can arise from a sudden accident or from injuries or medical care that lead to death later.
Our review focuses on what happened, who had responsibility for safety or care, how their conduct contributed to the death, and the losses suffered by eligible relatives. You do not need to identify the responsible parties yourself before contacting us. An initial conversation can help establish which records and events need closer investigation.
Fatal Accidents and Negligence Cases We Handle
Car Crashes and Other Traffic Accidents
We represent families after fatal car crashes, truck accidents, motorcycle collisions, bus incidents, rideshare wrecks, bicycle crashes, and pedestrian accidents. Depending on the circumstances, an investigation may involve a driver, a commercial vehicle operator, or another business responsible for the collision.
Traffic cases can require review of video, vehicle information, witness accounts, and insurance coverage. Families seeking information specifically about a collision can also visit our Queens car accident lawyer page.
Construction and Workplace Accidents
A fatal construction accident, such as a fall from a scaffold, a machinery incident, or a falling object, can leave a worker's family facing an immediate loss of support. We examine the work being performed and the roles of property owners, contractors, and other involved companies.
Eligible survivors may have access to workers' compensation death benefits. A separate claim against a responsible third party may also be available. Reviewing both paths helps families understand the potential sources of recovery.
Medical Malpractice and Nursing Home Neglect
Fatal medical negligence may involve a missed diagnosis, fatal birth injuries, a medication error, surgical care, or a failure to respond to a patient's deterioration. Nursing home cases may involve unsafe care or a failure to address a resident's needs.
These matters call for careful review of treatment records and consultation with qualified medical professionals. Our investigation examines the care provided and its relationship to the death, including questions the family has been unable to resolve.
Unsafe Property and Defective Products
Dangerous stairs leading to a slip and fall, unsafe building conditions, and defective equipment can cause fatal injuries. An investigation may need to examine ownership records, maintenance documents, inspections, product information, and the physical condition involved. Identifying the people and companies responsible for safety helps determine which claims to pursue.
Who Can File a Wrongful Death Lawsuit in New York
Under New York's wrongful death statute, a duly appointed personal representative brings the lawsuit. This person may be an executor or administrator of the estate. The representative acts on behalf of the eligible surviving relatives and statutory beneficiaries.
If no representative has been appointed, we can explain the estate-related steps that need to be coordinated with the case. Families can seek legal representation and guidance while that process is being arranged.
New York law determines who may receive wrongful death compensation. Depending on the family circumstances, eligible relatives may include a spouse, children, parents, or other relatives. Distribution follows statutory rules and considers each eligible person's financial loss. We can explain how those rules apply to your family and the court approvals involved.
Compensation for the Losses Your Family Faces
Financial questions deserve careful attention when a loved one's death changes the household's future. Under New York's damages law, a wrongful death claim addresses the economic losses of eligible surviving relatives and surviving family members. Depending on the case, recoverable losses may include:
- Lost income and financial support the deceased would have provided.
- The value of household services, including childcare and other practical assistance.
- The loss of parental guidance and instruction.
- Reasonable medical bills, medical expenses, and nursing costs related to the fatal injury, where recoverable.
- Reasonable funeral expenses.
We look at how your loved one contributed to daily life as well as the household's income. For example, caring for children or helping a dependent relative may have substantial economic value even when that work did not generate a paycheck.
Employment records, family information, and appropriate economic analysis can help document future support. Our explanation of lost earnings compensation in a New York wrongful death case provides more detail about this part of a claim.
The Estate May Have a Separate Injury Claim
New York law preserves certain injury claims after death. Often called a survival claim, this action addresses the deceased person's own losses before death. It may include conscious pain and suffering and other recoverable losses during that period.
We review wrongful death and survival claims together so that the case addresses the family's losses and the claims belonging to the estate. Their purposes and distribution rules differ, and we explain those differences as the case develops.
How Our Wrongful Death Attorneys Build the Case
An investigation should answer the questions specific to your loved one's death. We identify the records, witnesses, and professional analysis needed to establish responsibility and explain the harm.
Depending on the case, that work may include:
- Obtaining incident reports, medical records, and relevant investigative findings.
- Requesting preservation of video, electronic records, vehicles, or equipment.
- Identifying witnesses and documenting their accounts.
- Reviewing company records, maintenance history, or treatment decisions.
- Consulting appropriate medical, engineering, accident reconstruction, or economic professionals.
- Identifying responsible parties and applicable insurance coverage.
We also learn about your loved one's contributions to the family through conversations and supporting records. An account of childcare responsibilities, household work, or regular financial assistance can help show the practical consequences of the death.
This work supports negotiations and, when necessary, preparation for court. Our goal is to pursue the full compensation available under the law while keeping you informed about the decisions ahead.
What Your Family Can Do Now
You can start with the information already available. There is no need to assemble a complete file before requesting a free consultation.
Keep copies of incident reports, accident reports, medical paperwork, funeral invoices, insurance correspondence, and any estate documents you have received. Save photographs, messages, and witness contact details connected to the event. If a vehicle, product, or piece of equipment may be relevant, ask a lawyer about preservation before arranging repairs or disposal.
Make a short list of questions your family wants answered. These might concern a hospital's account of events, the companies present at a worksite, or which insurance companies have been contacting you about a claim. We can discuss how to obtain missing information through the legal process.
Before signing a settlement or release, have an attorney explain what it covers. If an investigation is ongoing, contact us while it continues so that evidence preservation and filing deadlines can receive attention.
Deadlines for a Queens Wrongful Death Case
New York generally requires a wrongful death lawsuit to be filed within two years of the date of death. Related claims can have different deadlines, and matters involving public entities may require an earlier notice of claim.
The date of the incident, the date of death, and the identity of the parties involved all matter when reviewing the applicable statute of limitations and deadlines. A lawyer should assess the specific timeline promptly. Early contact also creates an opportunity to seek records and preserve evidence while it remains available.
What to Expect After Contacting Our Firm
During the free evaluation, we listen to what happened and discuss your immediate questions. We may ask about the incident, your loved one's medical care, family relationships, and whether someone has been appointed to represent the estate. Share what you know; we can explain how additional information may be obtained.
If we agree to represent you, we explain the scope of the representation and the fee agreement. We then develop an investigation plan and handle the legal steps required for the claims we pursue. You can read more about our case process.
As the matter progresses, we discuss settlement offers, litigation decisions, and the court approvals required to resolve and distribute a wrongful death recovery. We prepare cases for trial when necessary and help the representative understand each decision before making it.
Speak With a Queens Wrongful Death Lawyer
Your family deserves clear answers about its legal options and careful attention to the circumstances of your loved one's death. The Rothenberg Law Firm can review the matter, explain the next steps, and discuss how we may help.
Queens Wrongful Death Frequently Asked Questions
How much does a wrongful death lawyer cost?
The Rothenberg Law Firm offers free case evaluations and handles wrongful death lawsuits on a contingency-fee basis. Attorney's fees are payable only if there is a recovery. We explain the fee agreement and how case expenses are handled before representation begins.
Can we pursue a case if our loved one did not leave a will?
Yes. The absence of a will does not by itself prevent a wrongful death claim. A court can appoint an administrator to act for the estate. We can discuss how that appointment fits into pursuing the case.
Do we have to wait for criminal charges before contacting a lawyer?
No. A civil wrongful death claim is separate from a criminal prosecution. Your family can request a case evaluation while police or other agencies investigate. A lawyer can assess the civil claims and relevant deadlines during that time.
Can a case address a death that occurred weeks after an accident?
Yes. A claim may be available when injuries from an accident lead to death later. Medical records and appropriate professional review can help establish the connection. An attorney should also review any injury claim that existed before the death.
Will our family have to go to trial?
Some cases resolve through a settlement, while others proceed to trial. The path depends on the evidence and whether an appropriate resolution can be reached. We prepare for litigation when needed and explain settlement decisions and required court approvals along the way.