Brooklyn Wrongful Death Lawyers
Compassionate Wrongful Death Lawyers In Brooklyn, NY
Losing a loved one is heart-wrenching, but it’s even worse when their death could have been prevented. If you’re a surviving family member, not only do you have to cope with the emotional fallout of their death, but you may also be left with expensive financial burdens.
We understand how difficult it is to lose a loved one. If their death was caused by someone else’s negligence, you may be entitled to wrongful death benefits. Our team of experienced Brooklyn wrongful death lawyers can help you through this process and fight for the compensation you deserve. To schedule a free consultation with any of the skilled personal injury attorneys at Rosenberg & Rodriguez, please call us today at (718) 509-4960.
Understanding Wrongful Death Claims In New York
The term “wrongful death” covers the situation where a person dies because of another individual’s careless, neglectful, or sometimes intentional choices. For a family member’s death to meet the criteria for being classified as wrongful death, it must satisfy each of the following points:
- A human being died
- Another person, group of people, or organization caused the death through intentional, negligent, or reckless actions.
- The surviving family member initiating the wrongful death lawsuit must demonstrate proof of financial suffering due to the unexpected death of the person
- The family has appointed a personal representative to initiate a wrongful death lawsuit
If you have lost a loved one due to someone else’s carelessness and it meets the above requirements, you may be able to file a wrongful death claim. If you’re not sure how to allow another person to sue on behalf of your loved one’s estate, our Brooklyn wrongful death lawyers specializing in these types of cases can help you with this process. Wrongful death claims often originate from personal injury accidents such as car crashes, construction site injuries, or medical malpractice; however, there are many other potential causes of wrongful death that we will discuss below.
Qualifications For A Wrongful Death Claim In New York
Certain plaintiffs can file wrongful death claims and lawsuits after someone else’s negligence caused the death of a loved one. Another party is negligent when they act without the same care a reasonable person would use in a similar situation. At Jacoby & Meyers, LLP, we investigate your case to identify all parties that may be liable for your loved one’s untimely death. Wrongful death cases commonly involve:
Motor Vehicle Accidents
Every time we get in the car, tension sits in the back of our minds. We hope that other drivers will be just as cautious on the roadways. When somebody drives recklessly, they’re not only endangering themselves but also every other driver around them. The Centers for Disease Control reports that each day, about 9 people die from accidents caused by distracted driving throughout America.
Facing a mortality rate of 1 in 4, it’s no wonder we put our lives in the hands of healthcare professionals. However, when staff members miscommunicate or overworked doctors make mistakes, people die as a result–250,000 annually according to researchers at John Hopkins University. This happens so frequently that medical errors are now the third leading cause of death in America. Examples of cases where the malpractice occurred due to an error include:
- Hospital-Acquired Infections – Any type of infection can have deadly results for patients, and the CDC reports that 1.7 million people are affected by hospital-acquired infections each year.
- A Misdiagnosis – Oftentimes, patients come to care when they are feeling unwell. If a misdiagnosis happens, it can result in further delay in receiving the correct diagnosis and treatment plan–not to mention compounding any existing medical problems.
- Wrong Medications – Lack of training and communication among staff can cause patients to receive incorrect medications, too much medication, or a deadly mixture of drugs.
- Never Events – It’s hard to fathom, but never events do happen in hospitals across the country. A never event is a medical occurrence that you would never expect, such as the removal of the wrong limb during surgery. Sometimes a patient may die from this type of error.
Nursing Home Abuse
It is always a trying time when you make the decision to place a loved one in long-term care. We put our trust in the providers, staff, and administration that they will protect and care for them to the best of their abilities. Unfortunately, many seniors are unable to report abuse due to cognitive decline or they may believe that abuse is something they deserve. It then becomes even more critical for friends and family members to visit regularly and document any changes or possible injuries/signs of neglect. Here are some examples of things you should look out for:
- Unexplained falls
On average, 14 people in the United States die every day due to occupational injuries, according to the Occupational Safety and Health Administration (OSHA). The construction industry is one of the most dangerous industries because of what OSHA calls the “fatal four”:
- Struck by an object
- Caught in/between equipment
Proving Fault in a Wrongful Death Case in Brooklyn
In order to win a wrongful death case, you must have strong evidence that the other person is at fault. You have to be able to prove that your loved one would still be alive if it wasn’t for the defendant’s actions. This can seem like an insurmountable task, but with the help of a skilled lawyer and investigation team, collecting evidence may not be as difficult as you think. This type of supportive proof could include:
- Medical records
- Police report
- Surveillance footage
- Cell phone records
- Dash-cam video
- Vehicle data devices
- Witness statements
The amount of energy and time that it takes to construct a solid case is why it’s critical to reach out to a wrongful death lawyer in Brooklyn as early as you can. In New York, personal representatives only have two years from the date of the person’s death they are representing to file a lawsuit. Additionally, key pieces of evidence could be lost if not gathered promptly. The sooner you begin building your case, the better chance you have at success.
Frequently Asked Questions
Who Can File A Wrongful Death Claim in Brooklyn?
If you wish to file a wrongful death claim in Brooklyn, the personal representative of the deceased party’s estate must do so. Only certain family members are eligible for damages, including:
- The spouse of the deceased – If your spouse dies because of someone else’s negligence, you may be able to get compensation for the financial and emotional losses you suffer.
- The children of the deceased – The children of the deceased may file a lawsuit against the negligent party to receive money for their damages.
- Parents of the deceased – Parents can receive wrongful death compensation if their minor child was killed as a result of the accident.
- A non-family representative of the estate – If a non-family member estate files a wrongful death claim against the guilty party, they may do so on behalf of other family members who have survived.
If you have lost a loved one due to the negligent actions of someone else, it’s critical that you get the guidance of an experienced Brooklyn wrongful death attorney. At Rosenberg & Rodriguez, our legal team can explain how the law may apply to your situation and help you recover compensation if you qualify for a claim.
What Damages Can Be Recovered After A Wrongful Death?
Nothing can take away the pain of losing a loved one, but it is possible to get significant financial compensation to help with life after their death. The following damages can be claimed by immediate family members:
- Medical costs related to hospital care prior to death
- Burial or cremation expenses
- Funeral costs
- Lost expected wages
- Lost benefits from the deceased’s work
- Loss of consortium
- Loss of inheritance
- Punitive damages for crimes committed by the at-fault party that caused the death
The family can focus on healing without worrying about paying for past losses or future expenses related to the death, with a significant financial settlement.
How Much Is A Wrongful Death Claim Worth?
The amount of money you receive from a lawsuit varies based on multiple elements including if the courts find the other party responsible and how much evidence you have to back up your claims. There are many factors that can influence the amount of compensation in a wrongful death case, such as the venue, plaintiff, personal representative, judge, jury, and damages. The personal representative will meet with other beneficiaries and their lawyer to discuss settlement offers.
How Long Do I Have To File A Wrongful Death Lawsuit In New York?
The pain of losing a loved one is immeasurable, and the void they leave can never be filled. But if you wait too long to take legal action, you could miss out on receiving compensation that could help make your situation more manageable. In New York, the statute of limitations for wrongful death cases is two years from the date of your loved one’s death—not necessarily the date of their accident. So it’s important to act quickly.
At Rosenberg & Rodriguez., our Brooklyn wrongful death lawyers understand that the last thing you want to deal with is added stress from a lawsuit. We’ll take care of your case from start to finish so that you can grieve and focus on what’s most important–moving forward.
Contact Our Brooklyn Wrongful Death Lawyers Today
At Rosenberg & Rodriguez, we will work hard to make sure you get the best possible outcome for your case. We understand how confusing and stressful legal matters can be, which is why we take care of all the paperwork and deadlines for you. Our Brooklyn wrongful death lawyers have successfully represented families from throughout New York City facing the hardship of losing a loved one. Call us today at (718) 509-4960 to schedule a free consultation where we can discuss your individual case in more detail.