Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Astoria is a neighborhood in Queens, New York, and wrongful death claims here follow New York state law. The case is typically brought by the decedent’s personal representative, usually the executor or administrator of the estate. Damages are then distributed to eligible family members or beneficiaries as defined by state law.
Two main pathways exist in New York: the wrongful death claim for beneficiaries and the survival claim for the decedent’s estate. The wrongful death action seeks pecuniary losses such as loss of support and companionship. The survival action covers the decedent’s pre death injuries, medical expenses and pain and suffering where applicable, depending on the case specifics.
Key point: the wrongful death claim is distinct from a survival action, yet both may be pursued depending on the facts.
Sources: New York Courts - Wrongful Death FAQ • New York Courts
A wrongful death case in Astoria involves complex evidence, deadlines and potential government or employer liability. A lawyer can guide you through investigations, preserve evidence, and handle negotiations with insurers.
In each scenario, a wrongful death attorney can help identify all potentially liable parties, determine beneficiary rights, and manage settlement or court proceedings to protect the estate and family interests.
In Astoria, wrongful death claims are governed primarily by New York state statutes. The two central frameworks are the Wrongful Death Act and the related Survival doctrine, both commonly cited in Queens County and across New York City.
As of the latest available guidance, the primary sources for these rights and deadlines are the New York Courts and local practice settings in Queens County. For authoritative explanations, see the official New York Courts resources and professional guidance from the New York State Bar Association.
Citations and resources: New York Courts - Wrongful Death FAQ • New York State Bar Association
A wrongful death action is a civil claim brought by a decedent’s estate for pecuniary losses suffered by beneficiaries due to the death. It is distinct from the decedent’s own personal injury claim and is governed by the Estates, Powers and Trusts Law. A lawyer can help determine who may recover and how damages are distributed.
Begin with a consultation to evaluate potential claims and gather documents such as the death certificate, police reports, and medical records. A lawyer will then prepare and file a complaint in the appropriate New York court and guide you through discovery and settlement negotiations.
Yes, because these cases involve complex issues, multiple potential defendants, and strict deadlines. An attorney can protect beneficiary rights, coordinate with investigators, and navigate insurance and settlement negotiations.
Damages typically include pecuniary losses such as loss of support and companionship. Depending on the case, a survival action may recover medical expenses and the decedent’s pain and suffering prior to death.
Most wrongful death lawyers in New York work on a contingency basis, meaning fees are paid from a portion of any recovery and only if the case succeeds. There is no upfront fee in many firm arrangements.
Typical cases may settle within 12 to 24 months, but complex matters can take longer, especially if there are disputed liability issues or government entity involvement.
The decedent’s personal representative can file the wrongful death claim, while eligible beneficiaries may benefit from any recovery provided by the statute. The specific heirs and their rights depend on state law.
Yes, but government claims may require different procedures, including notice requirements and possible limits on liability. Specialized steps are often needed to preserve rights against public entities.
The wrongful death action seeks damages for beneficiaries for the loss of the decedent. The survival action seeks damages for the decedent’s own injuries and economic losses that occurred before death.
New York does not impose a single cap on wrongful death damages. Awards are determined by the evidence presented, the degree of liability, and the court or negotiated settlement terms.
Yes, medical records and expert opinions are usually needed to establish the cause of death and the extent of damages. Your attorney will guide you on what documents to collect.
Ask about experience with similar cases, expected timelines, fee structures, and how they will handle evidence preservation and expert witnesses. It is also important to clarify who will actually handle the case.
Lawzana helps you find the best lawyers and law firms in Astoria through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wrongful Death, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Astoria, United States — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
