Losing a loved one is one of the most painful things a person can experience. If your loved one was killed due to someone else’s negligence, you might find coping even more challenging. Many individuals in these situations are understandably overwhelmed and confused and may feel like they have to navigate this tragedy alone.
At the Law Office of Cohen & Jaffe, our wrongful death lawyers are committed to helping you and your family through this difficult ordeal. Our compassionate attorneys will be there for you to listen and help you pursue compensation for your losses. While financial compensation cannot bring your loved one back, it can help ease the financial burden caused by their passing and hold those responsible accountable for their negligence.
Common Causes of Wrongful Death Accidents in Queens
Unfortunately, there are countless situations where another person’s negligence could cause the death of someone you love. However, many wrongful death accidents share similarities. Some common causes of wrongful death accidents in Queens include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Defective product accidents
- Slip-and-fall accidents
- Medical malpractice
- Construction accidents
When you partner with a wrongful death lawyer from the Law Office of Cohen & Jaffe, they will conduct a full investigation into the causes of the accident to determine liability and how to move forward with your case.
How the Law Office of Cohen & Jaffe Can Help With Your Wrongful Death Claim
You do not need to spend time poring over paperwork as you grieve your loss. Hiring a lawyer from our firm can allow you to spend time with your family instead of devoting your energy to trying to secure justice. Our team can use our decades of legal experience to take this burden off your shoulders and pursue the compensation you are owed.
Some of the ways our skilled attorneys can help include:
Determining the Total Value of Your Claim
Your loved one’s medical bills, the cost of burial and funeral services, and the loss of your loved one’s income can add up quickly and take a significant financial toll on your family. Your lawyer can help you keep track of and add up your bills and receipts to determine the economic cost of these losses. However, your intangible losses could also qualify you for compensation. These non-economic damages may include your loss of consortium, support, guidance, and pain and suffering.
Our team can speak with you about how your family member’s loss has affected your life and how you expect it to impact you in the future. We aim to compensate you for the full extent of your current and future losses.
Hunting for Evidence on Your Behalf
Our experienced wrongful death lawyers can explore all angles of your case. If your loved one’s passing was due to negligence, we will seek to prove it with solid evidence. This might require us to visit the scene of negligent action or inaction.
For example, we can travel to:
- An intersection where a car accident occurred
- A city park that lacked proper maintenance and caused your family member to fall
- A property where a slip-and-fall occurred
- A nursing home where the staff neglected or abused your family member
- A medical facility that did not treat your loved one with care
We will use our expertise to look for relevant documents, eyewitness testimony details, and physical evidence to support your claim. Our team is dedicated to holding the responsible parties fully accountable for your losses.
Handling All Negotiations With the Insurance Company
After a loved one passes away due to the negligence of another, you may be inundated with calls from the insurance company. Our lawyers can intercept all calls you get from the adjusters. You should not have to justify your eligibility for damages by detailing your loss over and over again.
We will work with the insurer to seek a fair settlement that encompasses the full extent of your losses. Insurance companies may try to underpay or deny claimants to keep costs down. A wrongful death lawyer from our firm will fight for you to help ensure this does not happen. The initial settlement offered by the insurance company might not cover all your losses. Your lawyer can advocate tirelessly for your rights, so you are compensated fairly for your current and future damages.
What Is the Process for a Wrongful Death Case in Queens?
Your case will begin as soon as you retain our services. We will thoroughly investigate your case and analyze all opportunities for compensation that could benefit you. After we determine the total value of your claim, we will send a demand letter to the insurance company supported by evidence to collect the compensation you are owed. From there, the process will continue as follows:
The Negotiation Process
We hope that the insurance company will pay out your claim at the value you deserve. However, they may offer a lower amount that will not cover your losses. When you partner with us, we will negotiate for a fair settlement while keeping an eye on the statute of limitations or time limit to take legal action.
Filing a Lawsuit
If the insurance company fails to value your case fairly, we can file a wrongful death lawsuit for the total value of your losses. However, we may continue to negotiate after we file.
The American Bar Association reports that most cases result in a settlement before reaching court. However, there are many instances where a case may advance to trial. The lawyers from the Law Office of Cohen & Jaffe are skilled litigators who will fight tirelessly for your rights and interests in court if a settlement cannot be reached.
Paying Your Lawyer
When you work with us, paying your wrongful death lawyer is the last step of your case. While many law firms require payment upfront or by the hour, our lawyers work on a contingency fee basis. In other words, we do not get paid until your case is settled and you receive the compensation you deserve. Our fee will be a percentage of your settlement or judgment at the conclusion of your case. This means that we can start investigating and preparing your claim at no risk or upfront cost to you.
New York State Laws That Could Be Relevant to Your Case
No one expects you to become intimately familiar with the law while mourning your loss. Let us utilize our knowledge and experience to your benefit. For instance, certain laws might affect you, including:
New York’s Comparative Negligence Law
Bearing partial fault does not disqualify someone from collecting damages in New York. This also applies to decedents in wrongful death cases. NY CVP § 1411 states that an accident victim’s potential to recover compensation is proportionate to their fault. For example, if your loved one was 20% at fault for the accident that caused their death, and another party was 80% responsible, the surviving family members would still be eligible to collect 80% of the available damages.
The Statute of Limitations in Wrongful Death Cases
The statute of limitations is the legal time limit for filing your claim. NY CVP § 214 limits how long you have to file your lawsuit to three years after the passing of your loved one (or your discovery of their passing). There are ways to extend this time frame, but they only apply in specific circumstances. During your free consultation, we can help you determine how New York’s statute of limitations applies to your unique situation.
Speak to an Experienced Wrongful Death Lawyer at the Law Office of Cohen & Jaffe
The compassionate wrongful death attorneys at the Law Office of Cohen & Jaffe understand how challenging opening up about your loss can be. We do not take your pain lightly and are dedicated to treating you and your case with the care and attention you deserve. Acting quickly can help protect you from an unfair settlement from the insurance company and ensure you comply with the state’s statute of limitations. Our team will use our 100 years of combined experience to guide you through every step of the complex claims process to help you get the justice you deserve for the loss of your loved one.
For a free legal consultation with a wrongful death lawyer serving Queens, call 516-358-6900