Brooklyn Wrongful Death Lawyer

Dealing with the incredible pain surrounding a loved one’s death is very difficult for those left behind. In cases of a terrible accident or case of negligence that could have been prevented, it makes a family member’s death hard to fathom. In New York State, wrongful death occurs when a person dies due to the negligent, reckless, or careless behaviors (or decisions) of another party.

If you have suffered the loss of a family member or a loved one and need justice, a Brooklyn wrongful death lawyer can help. The personal injury attorneys at the Raphaelson & Levine Law Firm will carefully evaluate the circumstances surrounding your loved one’s death and determine if you have a wrongful death claim. Call our law office at 212-268-3222 or contact us through our online form, and we'll provide you with a free case evaluation.

What is Considered a Wrongful Death in New York?

Events that can lead to a wrongful death include car accidents, industrial accidents (i.e., construction worksites), homicide, medical malpractice, and killing by a police officer, to name a few tragic events. To prove wrongful death, it must be demonstrated the:

  • Family member is deceased.
  • Death was caused by another party’s wrongful conduct or negligence.
  • Said wrongful conduct or negligence of the accused party could be subject to a lawsuit for damages had the victim survived.
  • Surviving family members have suffered specific damages resulting from the death of their loved one.

Under New York State Law, victims are permitted to pursue a wrongful death lawsuit; however, NYS is explicit about who can file a case. According to state laws, the decedent’s spouse, children, parents, or the named representative of the decedent’s estate can file a wrongful death lawsuit. If the latter files, family members can be listed as beneficiaries.

Who Bears the Responsibility of Wrongful Death?

The type of accident or incident that led to the victim’s death will play a primary role in determining who bears the responsibility of wrongful death. Wrongful actions taken by the responsible party must be explicitly proven.

Examples of liability and include the following situations.

  • A motorist disregards NYS traffic laws and hits a pedestrian crossing a Brooklyn street and causes a fatal accident.
  • A driver gets behind the wheel after having a few drinks and causes a head-on accident with another car, killing a person in a resulting motor vehicle accident.
  • A radiologist misreads an MRI, CAT scan, or X-ray and gives a wrong diagnosis.
  • A surgeon performs a procedure on the wrong patient or accidentally operates on the wrong part of the body.
  • An owner or construction site manager doesn’t properly install scaffolding or put other safety precautions, which results in a construction accident.
  • A manufacturer negligently sells a defective product that results in a fatal accident.
  • A truck accident occurs because a driver was drowsy or texting on the phone and crashes into another vehicle resulting in a fatal car accident.

These are only a handful of potential wrongful death cases. Other types of accidents occurring at healthcare facilities, industrial worksites, homicide circumstances (O.J. Simpson is one of the most well-known wrongful death lawsuits), and other crimes can also hold those responsible accountable for their actions.

What is the NY Statute of Limitations for Wrongful Death?

Like many other states, New York does place a statute of limitations for victims to initiate wrongful death lawsuits. NYS law dictates those eligible to file a wrongful death claim must file a claim within two years from the date the death occurred. Once this date passes, the ability to file ends. There are a few exceptions to this rule, but they are very specific. Our knowledgeable wrongful death attorneys can answer any statute of limitations questions.

How Does Compensation Work in a Brooklyn Wrongful Death Case?

The amount of financial compensation in a wrongful death case will vary depending on the situation, and the grounds pursued. Generally, damages that can be recovered under New York State law include lost wages, loss of support, loss of companionship, loss of parental guidance, medical bills, and related medical expenses, loss of inheritance, and funeral costs. If the parent was responsible for any household “service” (i.e., daycare), this could be claimed.

Pain and suffering damages may also be sought. Still, this law area is trickier because it must be demonstrated the decedent experienced pain and suffering before they died. Any financial compensation they receive due to their pain and suffering would then be transferred to the estate of the deceased and, subsequently, its beneficiaries. A knowledgeable and experienced Brooklyn wrongful death attorney can evaluate and determine the grounds for a case.

Since accidents involve negligent parties, insurance companies, and their respective attorneys, they’ll always defend their financial interests, not the victims. Unfortunately, these parties also know the decedent’s family is grieving and suffering. It’s reprehensive, but they will often drag claims out to encourage families to take a lower settlement or drop the case. A skilled NYC personal injury lawyer can ensure the family’s rights are protected and make sure they aren’t pressured into taking one of the lowball compensation offers.

Free Case Evaluation with a Brooklyn Wrongful Death Lawyer

No amount of money can ever replace your loved one, but filing a wrongful death claim can hold those responsible liable for their actions. A successful claim will provide you with the monetary resources you need for funeral expenses, medical bills, lost wages, or other financial obligations. At the Raphaelson & Levine law firm, we have more than 30 years of experience serving as New York City's “Voice of the Injured," and place a high value on the attorney-client relationship.

The attorneys at our law office are very well versed in NYS wrongful death law and will work hard to ensure your family receives justice and closure for your loss from the responsible party and closure for your loss. It is our vow to you that our legal team will stand with you every step of the way. Call the Raphaelson & Levine law firm at 212-268-3222 or contact us through our online form to receive a free consultation.

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