Wrongful Death Lawyer in Queens, NY

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Michael J. Aviles

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Losing a loved one because of someone else’s negligence is a devastating experience no family should have to endure. In the midst of grief, you deserve answers, accountability, and the financial stability needed to move forward. The wrongful death lawyers in Queens at Aviles Law Firm PLLC combine compassion with strength, taking on complex, high-stakes cases that other firms turn away, and delivering results when it matters most.

Call us today to learn more about how our Queens personal injury lawyers can help you.

Why Families in Queens Choose Aviles Law Firm PLLC

Choosing the right law firm after a loss is one of the most important decisions you will make. Families across Queens turn to our firm because we offer support and a willingness to fight tooth and nail for justice.

We Take on the Cases Other Firms Won’t

Many families come to us after being turned away elsewhere. We focus on complex, high-stakes wrongful death cases involving multiple liable parties and disputed facts.

Nearly half of our cases are referred by other attorneys who trust our ability to handle matters requiring skill, resources, and determination.

We Prepare Every Case for Trial

Insurance companies act differently when they know a firm is ready for court. That is one reason why we build every case as if it will go to trial, conducting thorough investigations, working with top experts, preserving evidence, and developing strong legal strategies.

We Deliver Results in High-Stakes Cases

Our lawyers have secured some of the most significant settlements and verdicts in the history of New York, including cases involving catastrophic injuries and wrongful death.

The outcomes we obtain reflect justice, accountability, and financial security for families during their most difficult moments.

We Are a Firm That Reflects the Community

As a proud Hispanic-owned law firm, Aviles Law Firm PLLC reflects the diversity of New York City. Our bilingual team and culturally diverse staff allow us to connect with clients on a deeper level and provide clear, meaningful support.

We Have a Reputation Built on Trust

Families choose us because of the trust we’ve earned from both clients and other attorneys.

When everything feels uncertain, having a firm known for strength, results, and unwavering commitment can make all the difference. We remain committed to providing our clients with the highest level of legal representation.

Case Results That Reflect Our Commitment

Choosing a law firm is about proven results, not promises. Families turn to the Queens wrongful death attorneys at Aviles Law Firm PLLC because our track record shows what we can achieve in the most challenging cases. Our lawyers recovered:

  • $75,000,000 in total compensation for the families of victims of a fatal airline disaster: This case required extensive investigation and the ability to take on powerful defendants.
  • $2.25 million for the family of a man who died by suicide while in custody at Rikers Island: He had been arrested after entering an abandoned building to escape the rain and was sent to Rikers because he could not afford bail. An official report later found that failures in supervision and protocol created the conditions that allowed this tragedy to occur. Our lawyers held the responsible parties accountable and pursued justice for his family.

While every case is different, these results reflect our ability to take on difficult cases, uncover the truth, and pursue full compensation.

We bring that same level of focus and determination to every wrongful death case.

What Compensation Can Be Recovered in a Wrongful Death Case?

While no amount of compensation can replace your loved one, a claim can help protect your family’s financial future and hold the responsible party accountable. Our New York City wrongful death lawyers pursue the full scope of damages, including:

  • Funeral and burial expenses
  • Medical expenses prior to death
  • Loss of income and financial support
  • Loss of parental guidance and companionship
  • Pain and suffering, if applicable
  • Loss of services and household support

We focus on the full impact of your loss.

Building a Strong Case Against the Party That Caused Your Loved One’s Passing

Wrongful death cases require a thorough investigation and a strategic approach. We work to uncover what happened, why it happened, and who is responsible.

Liable parties may include:

  • Negligent drivers
  • Employers or companies
  • Property owners
  • Medical professionals or hospitals
  • Product manufacturers
  • Government entities

Our team gathers critical evidence, works with experts, and builds a case that proves responsibility and damages.

Because multiple parties are often involved, these cases can become complex. We prepare every case for trial and hold all responsible parties accountable to pursue the full compensation your family deserves.

How Long Do You Have to File a Wrongful Death Lawsuit in New York?

Per EPTL § 5-4.1, families typically have two years from the date of death to file a wrongful death lawsuit in New York.

However, building a strong case takes time. Evidence must be preserved, witnesses interviewed, and experts consulted. Waiting too long can weaken your case.

Some lawsuits, especially those involving government entities, may have shorter deadlines and additional requirements. Missing these deadlines could prevent you from recovering compensation.

We act quickly to protect your rights, manage deadlines, and position your case for success. Reaching out early allows us to begin building your case right away.

Get the Answers and Accountability Your Family Deserves

Losing a loved one is overwhelming, but you do not have to face this alone. The wrongful death lawyers at Aviles Law Firm PLLC are here to help you seek answers, accountability, and the financial stability your family needs. Contact us today for a free consultation. Let our team handle the legal burden while you focus on healing and honoring your loved one’s memory.

FAQs

What Is Considered a Wrongful Death?

A wrongful death occurs when a person loses their life due to someone else’s negligence, recklessness, or intentional actions. These cases often result from situations where the victim would have had a valid personal injury claim had they survived.

To establish a wrongful death claim, it must be shown that another party owed a duty of care, failed to uphold that duty, and caused the fatal injury as a result.

Who Can File a Wrongful Death Claim in New York?

In New York, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual is typically named in the will or appointed by the court if no will exists.

While the representative files the claim, it is done on behalf of surviving family members, such as spouses, children, or parents, who may be entitled to recover compensation. These claims are intended to address the financial and emotional impact of the loss on the family. We can guide you through this process and help ensure the claim is filed properly and on time.

What Types of Wrongful Death Cases Do Your Attorneys Handle?

Our attorneys handle a wide range of wrongful death cases, particularly those involving complex and high-stakes circumstances. This includes:

  • Construction accidents
  • Truck accidents
  • Car accidents
  • Aviation accidents
  • Premises liability
  • Medical malpractice
  • Wrongful death
  • Slip and fall

We also handle cases involving institutional negligence, such as failures by government agencies or correctional facilities. Many of the cases we take on involve multiple liable parties or disputed facts, requiring detailed investigation and advanced litigation strategies. Our team is known for accepting challenging cases that other firms may turn away and pursuing accountability for families facing devastating loss.

What Happens If My Loved One Contributed to Their Accident or Injuries?

Even if your loved one may have been partially responsible for the accident, your family may still be able to recover compensation. New York follows a pure comparative negligence rule, which means that fault can be shared among multiple parties. As long as another party’s negligence contributed to the incident, a wrongful death claim may still be valid.

However, any compensation awarded may be reduced based on your loved one’s percentage of fault. For example, if they were found partially responsible, the total recovery would be adjusted accordingly.

These cases can become complex, especially when insurance companies attempt to shift blame to reduce what they owe. We work to protect your family by thoroughly investigating the facts and ensuring that responsibility is assigned fairly.

Can I Afford a Wrongful Death Attorney?

Yes. We handle wrongful death cases on a contingency fee basis. This means you pay us nothing upfront and only pay us a percentage of your settlement if we win. There are no hourly fees or out-of-pocket legal costs while your case is ongoing. This structure allows families to pursue justice without worrying about financial barriers during an already difficult time. It also means our interests are aligned with yours; we are fully committed to securing the best possible outcome for your case. You can focus on your family while we handle the legal process.

Written by

Michael J. Aviles

Managing Attorney

Michael has dedicated his career to helping New Yorkers harmed by negligence, wrongful arrests, and wrongful convictions.