Queens Wrongful Death Attorney Keetick L. Sanchez Explains Financial Damages Available to Families Under New York Law

QUEENS, NY - Families who lose loved ones due to another party's negligence face complex legal questions about who can file claims, what compensation is available, and how New York's strict financial loss standards affect recovery. Queens wrongful death attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/wrongful-death-attorney/) explains the legal framework governing wrongful death claims and the critical distinctions between wrongful death actions and survival claims under New York law.

According to Queens wrongful death attorney Keetick L. Sanchez, a wrongful death claim arises when someone dies because of another party's wrongful act, neglect, or default under New York Estates, Powers and Trusts Law Section 5-4.1. The claim exists when the deceased person could have filed a personal injury lawsuit if they had survived. These civil lawsuits remain separate from criminal prosecutions and require only a preponderance of evidence rather than proof beyond a reasonable doubt.

Queens wrongful death attorney Keetick L. Sanchez emphasizes that only the personal representative of the deceased person's estate can file a wrongful death lawsuit in New York. This representative is typically named in the deceased's will or appointed by Queens County Surrogate's Court if no will exists. The personal representative files on behalf of the decedent's distributees, who commonly include the surviving spouse, children, parents, or siblings under New York's intestacy statute.

"Wrongful death proceeds are distributed to the decedent's distributees based on each person's pecuniary losses, not according to the decedent's will or automatic formulas," Sanchez explains. "The court may hold a hearing to determine fair apportionment, and these proceeds are protected from estate creditors."

New York follows the pecuniary loss standard under EPTL Section 5-4.3, which limits wrongful death damages to financial losses. Sanchez notes that New York is among the small number of states that restrict wrongful death damages primarily to measurable economic harm rather than allowing broad damages for survivors' grief or loss of companionship. Economic damages include medical expenses before death, funeral and burial costs, lost wages and benefits the deceased would have earned, value of household services provided, and loss of financial support to dependents.

Courts calculate future lost earnings by considering the deceased's age, health, occupation, earnings history, education, and career trajectory. Sanchez works with economic experts to calculate the full value of lost future earnings and benefits. New York law does not allow families to recover for their own grief, emotional suffering, or loss of companionship in wrongful death cases, though pain and suffering damages may be available through a survival action if the deceased survived for any period after the injury.

Many families confuse wrongful death claims with survival actions, but these are distinct legal claims. Attorney Sanchez clarifies that a wrongful death claim compensates survivors for losses they suffer because of the death, including lost financial support and inheritance. A survival action compensates the estate for losses the deceased suffered before death, such as pain, suffering, medical expenses, and lost wages between injury and death.

"Wrongful death damages go directly to family members and are protected from creditors, whereas survival action damages pass through the estate," Sanchez adds. Both claims can be filed together in the same lawsuit, which is common practice.

Wrongful death claims in Queens commonly arise from motor vehicle accidents on roadways like the Long Island Expressway and Van Wyck Expressway, construction accidents at high-rise sites in Jackson Heights and Long Island City, medical malpractice at hospitals including Queens Hospital Center and Jamaica Hospital Medical Center, nursing home neglect, workplace accidents, premises liability incidents, defective products, and criminal acts. Regardless of how the death occurred, if negligence or wrongful conduct caused the death, families have grounds to pursue compensation.

To succeed in a wrongful death lawsuit, the attorney must prove four elements of negligence: duty of care, breach of that duty, causation showing the breach directly caused the death, and measurable financial damages suffered by the family. Evidence typically includes police reports, witness statements, expert testimony from accident reconstructionists and medical professionals, physical evidence such as photographs and video footage, employment and financial records, and medical records including autopsy reports.

New York follows pure comparative negligence, which means families can still recover damages even if the deceased was partially at fault for the accident. "The court reduces damages by the percentage of fault assigned to the deceased, but recovery is still possible regardless of the deceased's percentage of fault," Sanchez explains.

New York imposes a strict two-year statute of limitations from the date of death for filing wrongful death lawsuits. Missing this deadline permanently bars the claim. Important exceptions apply for medical malpractice-related deaths and claims against government entities, which require a Notice of Claim within 90 days after a personal representative is appointed. Early consultation allows the attorney to preserve evidence, interview witnesses while memories are fresh, and build the strongest possible case.

For families facing wrongful death claims in Queens, contacting an experienced wrongful death attorney may provide guidance on navigating New York's complex legal requirements and protecting their right to financial recovery.

About K L Sanchez Law Office, P.C.:

K L Sanchez Law Office, P.C. is a Queens-based law firm dedicated to personal injury and wrongful death cases throughout New York City. Led by attorney Keetick L. Sanchez, a Super Lawyers Rising Star recipient who has practiced for over a decade, the firm represents families in wrongful death cases involving car accidents, construction site fatalities, and medical negligence. The firm handles cases filed in Queens County Supreme Court and serves clients throughout Queens, Brooklyn, Manhattan, the Bronx, and Long Island. For consultations, call (646) 701-7990.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=CLiwaUcspwI

GMB: https://www.google.com/maps?cid=2729652254808699760

Email and website

Email: accidentlawny1@gmail.com

Website: https://accidentlawyer-queens.com/

Media Contact
Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=queens-wrongful-death-attorney-keetick-l-sanchez-explains-financial-damages-available-to-families-under-new-york-law]
Phone: (646) 701-7990
Address:37-06 82nd St #304
City: Jackson Heights
State: New York 11372
Country: United States
Website: https://accidentlawyer-queens.com/

Legal Disclaimer: Information contained on this page is provided by an independent third-party content provider. ABNewswire makes no warranties or responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you are affiliated with this article or have any complaints or copyright issues related to this article and would like it to be removed, please contact retract@swscontact.com



This release was published on openPR.