It is a devastating experience to lose a loved one as a result of another person’s actions, and getting compensation when you are grieving can be quite difficult. One should receive compensation for a significant loss.
While handling wrongful death claims can be difficult, speaking with a knowledgeable Brooklyn wrongful death lawyer can be helpful.
New York’s legal framework for wrongful death lawsuits specifies the types of claims that can be made, as well as the rules for how damages are allocated among the deceased’s surviving beneficiaries. It is crucial to be aware that there are strict timelines for filing a lawsuit, which vary depending on the circumstances of your loved one’s death.
If you are coping with the loss of a loved one due to someone else’s wrongful actions, our wrongful death attorneys in Brooklyn are here to support you in holding the responsible party accountable.
We provide a complimentary initial case evaluation.
Take advantage of this opportunity to meet with a compassionate team member to explore your legal rights and options. There’s no commitment required—contact our Brooklyn personal injury law firm today to begin.
How Do Our Brooklyn Wrongful Death Attorneys Support You?
Securing the services of an experienced Brooklyn personal injury attorney can significantly influence the outcome as you seek damages through a wrongful death lawsuit. With an attorney, you signal to those at fault and their insurers that you are determined to seek just compensation for your loss.
At The CEO Lawyer Personal Injury Law Firm, our team of Brooklyn personal injury lawyers boasts over years of experience. We have secured compensations for various injury victims and their families.
By working with our firm, you can use our vast resources and experience to have us fight for you.
We commit differently. Which includes:
- Providing empathetic and informed legal counsel during this challenging period.
- Clarify all potential avenues for financial recovery that are available to you.
- Conducting thorough investigations into the accident that caused your loved one’s death.
- Collaborating with specialists in accidents and injuries to strengthen and appraise your claim.
- Countering any attempts to shift blame to the victim could compromise your compensation.
- Negotiating with responsible parties and their insurers to settle.
- Taking your case to trial with our skilled litigators if necessary.
We understand that no amount of money can replace your loss or fill the void left behind. However, achieving financial compensation from those who are liable can provide a measure of justice and help secure your financial future.
Contact us to discuss your wrongful death case today. Our team is ready to provide support whenever you need it most.
How Our Brooklyn Wrongful Death Law Firm Can Help You?
At the CEO Lawyer Personal Injury Law Firm, our team of Brooklyn wrongful death attorneys understands the emotional and stressful nature of pursuing a wrongful death lawsuit. We are committed to alleviating this burden for surviving family members by handling all aspects of your case with diligence and dedication.
Our services include educating you on your legal rights and options, conducting a detailed and independent investigation into the circumstances surrounding your loved one’s death, and identifying all responsible parties. We also investigate applicable laws, gather necessary evidence, and accurately calculate the compensation you and your family deserve.
The CEO Lawyers Personal Injury Law Firm will aggressively negotiate with the at-fault party and their insurers. If a fair settlement cannot be achieved outside of court, we are prepared to take your case to trial.
Throughout the process, our team will keep you well-informed and provide expert legal counsel to ensure the best possible outcome for your case.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a death is attributed to the negligent or reckless actions of another party. In New York, specific criteria must be met to pursue such a claim. Our team is equipped to help you establish the necessary elements:
- There must be a confirmed death.
- This death should be directly linked to someone else’s negligence.
- If the deceased had lived, they would have been entitled to file a personal injury lawsuit.
- There must be individuals who have incurred losses due to the death.
- The estate of the deceased must qualify to receive compensation for damages.
These guidelines ensure the claim is substantiated and aligns with legal standards for a wrongful death lawsuit.
What Types of Accidents Can Result in Wrongful Death?
Accidents caused by negligence or recklessness that result in death can lead to wrongful death claims, where surviving family members seek accountability from those responsible. Here are some common types of accidents that can lead to wrongful death:
Construction Accidents:
Construction sites are particularly hazardous. Deaths can occur from falls from heights (like roofs or scaffolding), being struck by heavy machinery, being buried in excavation cave-ins, or from electrocution due to contact with power lines.
Contractors and employers who comply with OSHA safety standards can often prevent these fatalities.
Truck Accidents:
The size and weight of 18-wheelers, which can be up to 80,000 pounds, make truck accidents particularly deadly. When these large trucks crash into much smaller vehicles, typically weighing around 4,000 pounds, the occupants of the smaller vehicles are at a high risk of fatal injuries.
Car Accidents:
The increase in vehicle traffic and the prevalence of distracted and impaired driving contribute to a higher risk of fatal car accidents. According to the National Highway Traffic Safety Administration (NHTSA), preliminary data shows a 2.3% increase in vehicle miles traveled in early 2023, rising to 35.1 billion miles.
Despite driving more miles, traffic fatalities decreased, with a 1.24 per 100 million VMT rate, down from 1.31.
Pedestrian Accidents:
Pedestrians, lacking any protection, are highly vulnerable to severe or fatal injuries if struck by a vehicle. The NHTSA reported that in 20243, pedestrian fatalities in the U.S. reached 5,494.
Medical Malpractice:
Errors in medical treatment are a leading cause of injury and death in the U.S. In 2023, more than $3 billion was paid in medical malpractice claims, many of which involved deaths due to medical errors, as reported by Diederich Healthcare.
Premises Liability Accidents:
Property owners must keep their premises safe for visitors in places like New York. Fatalities can occur when owners fail to do this or do not adequately warn about potential dangers.
Each of these types of accidents can lead to wrongful death lawsuits when the necessary safety measures are not taken, and the negligence of one or more parties leads to fatal consequences.
Who Can Be Liable in a Wrongful Death Lawsuit?
Wrongful death lawsuits arise when the actions or negligence of a person or entity result in someone’s death. The type of incident or accident leading to the victim’s demise is critical in determining who is liable.
It is essential to provide clear evidence of the wrongful actions of the accused party. Here are some scenarios where liability may be established:
- A motorist in New York ignores traffic laws and strikes a pedestrian in Brooklyn, causing a fatal accident.
- A driver under the influence of alcohol causes a head-on collision, resulting in a fatality.
- A radiologist incorrectly interprets an MRI, CAT scan, or X-ray, leading to a misdiagnosis.
- A surgeon operates on the wrong patient or the incorrect part of a patient’s body.
- A construction site manager fails to properly install scaffolding or implement safety measures, leading to a fatal construction accident.
- A manufacturer sells a defective product that causes a fatal accident.
- A truck driver, distracted by texting or fatigued, causes a fatal car accident.
These examples illustrate potential cases of wrongful death. Other instances might include accidents at healthcare facilities, industrial sites, or situations involving criminal acts.
In all these cases, those responsible can be held accountable for their actions.
What Are the Causes of Wrongful Death in Brooklyn?
At The CEO Lawyer Personal Injury Law Firm, our personal injury attorneys in Brooklyn provide representation for families whose loved ones have tragically passed away due to various incidents, including:
- Automobile, truck, and motorcycle collisions
- Accidents involving rideshare vehicles like Uber
- Incidents involving pedestrians and bicyclists
- Public transportation mishaps, including subway and bus accidents
- Animal attacks, such as dog bites
- Issues of negligent security
- Falls and other slip-related incidents
- Property-related liability issues
- Medical and healthcare-related negligence, including malpractice and birth injuries
- The harm caused by unsafe medications
- Injuries or fatalities linked to defective products
- Abuse or neglect in nursing homes
- Construction site and other workplace accidents
These are just a few examples of how wrongful deaths can occur, and we are committed to helping grieving families seek justice.
What Is the New York Statute of Limitations for Wrongful Death Claims?
In New York, while most personal injury lawsuits must be filed within a three-year statute of limitations, wrongful death cases follow a different rule. For wrongful death claims, you have two years from the date of your loved one’s passing to initiate legal action.
If you suspect that a government entity contributed to or was responsible for the fatal incident, the timeframe to file is significantly shorter. Claims involving the city or government agencies must be submitted within 90 days of the death.
Missing these deadlines can result in your claim being considered “stale,” meaning a court will not recognize your compensation claim, and you will be unable to recover any damages.
What Damages Can I Collect for Wrongful Death in Brooklyn, NY
In Brooklyn, New York, compensation awarded in wrongful death lawsuits typically falls into three categories: economic, non-economic, and punitive damages.
- Economic Damages: These cover financial losses such as the medical expenses incurred prior to death, funeral and burial costs, and the loss of future earnings and benefits that the deceased would have contributed to their family.
- Non-Economic Damages: Although New York law, as of 2023, prohibits the recovery for grief, emotional distress, or loss of companionship of the deceased, claimants can still seek compensation for the pain and suffering experienced by the deceased before death. This includes compensation for fear of impending death if applicable.
- Punitive Damages: These are less commonly awarded but considered in cases where the defendant’s actions were reckless or egregious. Punitive damages aim to punish the wrongdoer and deter similar conduct in the future.
How Damages Are Calculated in a Wrongful Death Claim?
Calculating damages in a wrongful death claim involves assessing both economic and non-economic losses. Economic damages, which are relatively straightforward to quantify, include measurable costs such as:
- Funeral and burial expenses
- Medical bills incurred prior to death
- The deceased’s earning potential, considering their age, health, education, and training
- Benefits lost due to the death, including insurance, pensions, and investments
Non-economic damages are more challenging to calculate as they pertain to less tangible losses, such as the emotional distress suffered by the deceased’s dependents. Factors such as the age and health of the deceased at the time of death, as well as the age of any dependents, are also considered.
In wrongful death cases, courts rely on objective evidence presented by financial experts and other specialists to determine fair compensation. Therefore, it is critical to have a wrongful death attorney in New York City who is well-trained with a team of qualified accountants and financial experts to effectively support your claim.
Contact Our Brooklyn Wrongful Death Lawyers Today!
Experiencing the unexpected loss of a loved one due to negligence can be overwhelmingly painful, both emotionally and financially. At The CEO Lawyer Personal Injury Law Firm, we are dedicated to supporting you through these tough times with compassion and expertise.
Our team of Brooklyn wrongful death attorneys provides friendly legal counsel to assist you through this trying time since we recognize the financial strain and emotional anguish that accompany a loss of this kind.
If you have questions about justice, responsibility, or the possibility of pursuing a wrongful death lawsuit, our experienced legal team is here to assist you. We specialize in personal injury law and offer a free consultation to discuss the specifics of your case and provide you with the information needed to make informed decisions.
The CEO Lawyer Personal Injury Law Firm is committed to more than just legal representation; we aim to be a supportive ally during this challenging time. We handle cases on a contingency fee basis, meaning you won’t owe us anything unless we successfully secure compensation for you.
Contact us at (516) 689-1132 to schedule your free consultation and learn more about our Personal Injury recovery solutions.
