Wrongful Death Lawyer in Brooklyn, NY

Understanding Wrongful Death Claims in Brooklyn

A wrongful death action is a legal process that arises when an individual dies as a result of another party’s negligence, recklessness, or intentional misconduct. In Brooklyn and throughout New York, a valid wrongful death claim must include the following elements:

• Death of an individual: The claim centers around the loss of a human life.
• Negligence or wrongful act: The death must be directly caused by someone else’s negligent actions, recklessness, or intentional misconduct.
• Surviving family members: There must be surviving family members who have suffered financial and emotional damages due to the loss.
• Monetary damages: The death must have resulted in quantifiable monetary losses for the surviving family members.

It’s important to note that wrongful death claims are civil actions, separate from any criminal proceedings that may arise from the same incident. While criminal cases focus on punishing the wrongdoer, wrongful death claims aim to provide financial compensation to the deceased’s family member.

How Our Brooklyn Wrongful Death Attorneys Can Help You

At the Jacob D. Fuchsberg Law Firm, we understand that no amount of money can truly compensate for the loss of a loved one. However, securing wrongful death compensation can provide financial stability and a sense of justice during this difficult time. Here’s how our experienced legal team will support you:

• We begin with a comprehensive case investigation, gathering and analyzing all relevant evidence, consulting with professional witnesses, and identifying all potentially liable parties to build a strong case.
• Our team meticulously calculates damages, considering medical expenses, funeral costs, lost wages and benefits, loss of inheritance, and non-economic damages, such as pain and suffering and loss of companionship.
• Our skilled attorneys are adept at negotiating with insurance companies and opposing counsel to secure fair settlements. If a satisfactory agreement can’t be reached, we’re prepared to take your case to trial, leveraging our extensive litigation experience to advocate fiercely for your rights and interests.

We navigate the complex legal procedures involved in wrongful death claims, handling all aspects of your case, from filing within the statute of limitations to ensuring all documentation is properly prepared and submitted. Throughout the process, we keep you informed and provide clear, honest communication about your case.

Common Causes of Wrongful Death in Brooklyn, NY

Brooklyn's diverse urban landscape and bustling environment can lead to various situations that may result in wrongful death. Some of the most common causes of wrongful death matters our compassionate Brooklyn wrongful death lawyers encounter include:

Motor Vehicle Accidents

Motor vehicle accidents are a frequent cause, with Brooklyn's busy streets and highways seeing a high volume of traffic daily. Distracted driving, drunk or impaired driving, speeding, reckless driving, and failure to obey traffic laws all contribute to fatal accidents.

Medical Malpractice

Medical malpractice is another significant cause of wrongful death. Healthcare professionals have a duty to provide a standard of care to their patients, and when this duty is breached, it can lead to fatal consequences.

Misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, and anesthesia errors are all potential forms of medical malpractice that can result in wrongful death.

Nursing Home Neglect

Nursing home neglect is also a concerning cause of wrongful death cases in Brooklyn. Examples of neglect that may lead to wrongful death include failure to properly monitor patients, mistakes in medication administration, ignoring patient complaints or symptoms, failure to maintain sanitary conditions leading to fatal infections, or not following proper procedures for patient care.

Construction Site Accidents

Construction site accidents are also a common cause, given Brooklyn's ongoing development. These can be dangerous environments, especially when safety regulations are not followed. Fatal accidents may result from falls from heights, electrocutions, being struck by objects, being caught in between objects, or getting trapped by the collapse of structures or trenches.

Premises Liability

Premises liability incidents form another category of wrongful death causes. Property owners have a legal obligation to maintain safe conditions for visitors. Failure to do so can lead to fatal accidents, such as slip and fall incidents, inadequate security leading to assault or murder, fire hazards, toxic exposure, or swimming pool accidents.

Product Liability

Defective products can also lead to wrongful death lawsuits when manufacturers, distributors, or retailers put dangerous items into the marketplace. This may include defective vehicle parts, dangerous medications or medical devices, faulty consumer products, or toxic food products.

Workplace Accidents

While construction sites are particularly hazardous, fatal accidents can occur in any workplace. Machinery accidents, explosions or fires, exposure to toxic substances, transportation incidents, and violence in the workplace are all potential causes of work-related wrongful deaths.

What to Do After the Wrongful Death of a Loved One

If you've lost a loved one due to someone else's negligence, follow these steps:

• Ensure your immediate safety if the death occurred in hazardous circumstances.
• Contact authorities and obtain copies of official reports.
• If possible, gather evidence by taking photos and collecting witness contact information.
• Secure relevant documents, such as medical records.
• Avoid discussing the case with insurance companies or potential defendants.
• Contact a qualified wrongful death attorney promptly, as are time limits for filing claims.
• Seek emotional support from loved ones and consider professional grief counseling.
• Keep a record of all expenses related to the death and its aftermath.

Taking these steps can help protect your legal rights while you navigate this difficult time. Our experienced wrongful death attorneys at the Jacob D. Fuchsberg Law Firm are here to guide you through the process and fight for the justice your loved one deserves.

Who Can File a Wrongful Death Claim in Brooklyn?

In New York, wrongful death claims are typically filed by the personal representative of the deceased's estate. This person is usually named in the deceased's will or appointed by the court if there is no will. The personal representative files the claim on behalf of the deceased's surviving family members, who may include:

• Spouse
• Children (including adopted children)
• Parents
• Siblings
• Other blood relatives or adopted siblings who were dependent on the deceased

It's important to note that while the personal representative files the claim, the damages are sought on behalf of the surviving family members and the estate.

Determining Liability in Wrongful Death Cases

Identifying the liable parties in a wrongful death case is necessary for pursuing a successful claim. Our experienced attorneys meticulously investigate the circumstances surrounding the death to determine all potentially responsible parties. This may include:

• Individuals: Examples include negligent drivers, medical professionals who committed malpractice, and property owners who failed to maintain safe premises.
• Corporations: Companies may be held liable for the actions of their employees, defective products, or unsafe working conditions.
• Government agencies: This could include inadequate road maintenance or negligence by public employees.

Establishing liability requires proving that the at-fault party's negligence or wrongful act directly caused the death. Our team utilizes witnesses, accident reconstruction, and other professionals to build a strong case and hold the responsible parties accountable for their actions.

Potential Compensation in Brooklyn Wrongful Death Cases

While no amount of money can truly compensate for the loss of a loved one, pursuing a wrongful death lawsuit can help address the legal considerations and types of damages that can be sought, providing financial stability and a sense of justice. In Brooklyn wrongful death cases, compensation may include a variety of economic damages:

• Medical expenses related to the fatal injury or illness
• Funeral and burial costs
• Lost wages and benefits, including potential future earnings
• Loss of inheritance
• Value of support and services the deceased provided to the family

New York law limits non-economic damages in wrongful death cases to compensation for the pain and suffering experienced by the deceased before death.

Statute of Limitations for Wrongful Death Claims in Brooklyn

In New York State, the statute of limitations for filing a wrongful death claim is generally two years from the date of the victim's death. However, there are some exceptions.

For instance, if the death resulted from medical malpractice, the claim must be filed within 2 years and 6 months from the date of death. If the defendant is a government entity, a Notice of Claim must be filed within 90 days, and the lawsuit must be filed within 1 year and 90 days.

It's crucial to consult with a wrongful death attorney as soon as possible to ensure your claim is filed within the appropriate timeframe. Failing to file within the statute of limitations can result in the loss of your right to seek compensation.

Why Choose the Jacob D. Fuchsberg Law Firm for Your Brooklyn Wrongful Death Case?

When you're dealing with the profound loss of a loved one, you need a law firm that combines legal knowledge with genuine compassion. Here's why families throughout Brooklyn trust the Jacob D. Fuchsberg Law Firm:

Decades of Experience

Our firm has been serving Brooklyn and the greater New York area for over 40 years. We have a deep understanding of New York wrongful death laws and how to navigate the local legal system effectively.

Proven Track Record

We have secured numerous substantial settlements and verdicts for our clients in wrongful death cases. Our success is a testament to our skill, dedication, and relentless pursuit of justice.

Client-Focused Approach

We understand that every wrongful death case is unique, and we tailor our approach to meet your specific needs and circumstances. You're not just another case file to us — you're a person deserving of respect, compassion, and dedicated representation.

No Fee Unless We Win

We work on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you. This allows you to seek justice without the added stress of upfront legal costs.