Content reviewed by:
Alex Shulman
Losing a loved one is one of the most difficult experiences anyone can go through. It can be even more devastating when someone else’s negligence or wrongdoing caused their death. You’re dealing with not only the emotional impact of losing them but also the financial uncertainty that comes with it. That’s where Shulman & Hill comes in.
Our experienced Queens personal injury lawyers are dedicated to helping grieving families pursue justice. When you turn to us, we will guide you through your legal options and help you seek the compensation and closure your family deserves.
The Experienced and Compassionate Attorneys at Shulman & Hill Are Here to Help
Personalized attention can make all the difference in a wrongful death case. At Shulman & Hill, we put our clients first. Exceptional service, prompt communication, and a dedicated legal team are just some of the ways we provide peace of mind during this difficult time. Our multilingual staff speaks Spanish, Russian, and English, so we’re ready to serve you in the language you’re most comfortable with.
We have over a decade of experience representing clients in personal injury and wrongful death cases throughout Queens, including Woodhaven, Jackson Heights, and Corona. Over that time, we’ve recovered over $700 million in compensation for our clients. These results include many multi-million dollar settlements and verdicts, such as the following:
- $1.5 million motor vehicle accident settlement
- $1.5 million construction accident settlement
- $1.35 million motor vehicle accident settlement
- $1.25 million construction accident settlement
- $1.175 million construction accident settlement
Our attorneys have received numerous accolades for their exceptional legal advocacy. Every year since 2017, partner Alex Shulman has been selected to the New York Super Lawyers list, an honor reserved for the top five percent of attorneys in the state. He also has been named among the Top 40 Under 40 Trial Lawyers by The National Trial Lawyers Association, a highly selective honor reserved for the top trial lawyers in the country.
Who Can File a Wrongful Death Claim in Queens?
New York state law limits who is eligible to bring a wrongful death claim. In New York, the personal representative of the deceased’s estate must typically bring the claim. Any damages recovered will be distributed to the deceased’s surviving spouse, children, parents, or other family members as provided by New York law.
How Long Do You Have to File For Wrongful Death?
If you are eligible to file a wrongful death lawsuit, you must do so within two years of your loved one’s death. Exceptions apply in limited situations, such as when the sole beneficiary is a minor. In addition, the deadline may also be extended if there is a pending criminal case against the defendant over the same incident.
Regardless of the situation, speak to a Queens wrongful death attorney as soon as possible to ensure you file your case in time. Missing the applicable deadline may mean losing your right to seek compensation.
Determining Eligibility for a Wrongful Death Claim
You may only collect wrongful death compensation if another person or entity is liable for your loved one’s death. In general, the death must have resulted from someone’s negligence or intentional action. To prove negligence, you must establish the following four elements:
- Duty of care: The defendant owed a legal duty to the deceased. If the death resulted from a car accident, for example, the defendant had a duty to follow traffic laws and drive safely.
- Breach: The defendant breached that duty by acting carelessly or failing to fulfill their legal obligations. For example, texting while driving or ignoring a stop sign constitutes a breach of duty.
- Causation: The breach of duty caused the victim’s death. If the deceased had not died but instead was injured by someone else’s negligence, they would have had the right to seek compensation for their losses.
- Damages: The death resulted in financial harm to certain surviving family members. Those who can typically seek compensation in a Queens wrongful death case include the decedent’s spouse, children, or parents.
Many scenarios can lead to wrongful death claims, including car accidents, motorcycle accidents, truck accidents, pedestrian accidents, workplace accidents, medical malpractice, and premises liability accidents such as slips and falls. In some cases, the deceased’s actions may have contributed to their death, but this does not necessarily prevent a wrongful death claim.
Available Compensation in a Queens Wrongful Death Case
Compensation for the following damages may be recoverable in a wrongful death lawsuit:
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial costs
- Loss of the deceased’s financial support, including income and benefits
- Value of the deceased’s household services, such as childcare and housekeeping
- Loss of the deceased’s love, companionship, guidance, and support
- Punitive damages in cases involving intentional harm or extreme recklessness
Calculating the value of some of these damages, such as medical expenses and funeral costs, is relatively straightforward. Losses such as lost love and companionship are more challenging to assign a dollar value to. Our experienced wrongful death attorneys can evaluate your case and determine the compensation you can seek.
We can also help you navigate the challenges of receiving damages. For instance, if a surviving family member is a minor, we can help set up a trust for their future needs. If your loved one’s death resulted from a workplace injury, we can also guide you through the process of seeking workers’ compensation benefits in Queens.
Doing business with Shulman & Hill has been an amazing experience. Bernardita, Karla, Michael, Vanessa and JJ are professionals. Their personalities give one a sense of wanting to come back and do business with them over and over again. Whenever my mother calls them for updates or goes to the office, they are always there to answer any inquiries that she has. They are great communicators. Shulman & Hill provides their customers with 5-star service. There is no run-around with them. Bernardita, Karla, Michael, Vanessa, and JJ know what they are doing. They get the job done.
– Joan Jean Francois
I want to thank Micheal Levitz for taking care of my case with care and not giving up on my case in certain situations. He had great communication skills, and he made sure that I got all the help and therapy I needed from my accident. I definitely recommend him to you all.
– Shay Gray
Thank you, Shulman and Hill, for closing my case and achieving great results. Kudos to Michael and Tiffany for their support, for being responsive, and for treating me with special care. During this time, I felt like I was going crazy because no one understood me. And you guys did the best. Thank you!
– Shantel Gres
How a Queens Wrongful Death Lawyer Can Help
Our wrongful death attorneys in our Queens office can help you by doing the following:
- Conducting a thorough investigation of your loved one’s death
- Gathering evidence, such as medical records and witness statements, to support your case
- Consulting with experts, if necessary, to determine liability and calculate damages
- Filing the necessary paperwork
- Ensuring you meet all deadlines
- Negotiating with insurance companies to seek fair compensation
- Representing you in court if negotiations fail
You’re dealing with enough after losing a loved one. Shulman & Hill is here to be your partner and advocate as you rebuild your life. We understand that no amount of compensation can truly make up for the loss of a family member, but pursuing a wrongful death case can be a vital step in moving forward.
It’s so important to contact someone immediately for advice if you’re not a lawyer or involved in this business. You really need to sit down with someone, talk through the process, and understand how this is going to affect your life and finances.
We’re not just attorneys, but counselors at law. It’s crucial to meet with the client so they know all the benefits they’re entitled to, everything that will affect them throughout these lengthy cases. By having that initial consultation, they gain clarity on how to navigate the road ahead properly.
-Seth MacArthur
Managing Partner, Personal Injury