Brooklyn Wrongful Death Attorneys

With over 40 years of dedicated service, Hill & Moin LLP empathizes with the heartache of families struggling with the aftermath of a loved one’s death. Our experienced wrongful death attorneys diligently advocate for grieving families in Brooklyn, NY. We also serve Manhattan, Staten Island, Queens, and the Bronx.

We understand that compensation cannot replace your loss. Still, we can help you fight for justice, navigate the complex process of a wrongful death claim, and secure the financial support necessary for your family’s future well-being. When you choose us, it’s like having a lawyer in the family. Contact our law firm at (212) 668-6000 for a free consultation, and let our compassionate team guide you through this challenging time with the expertise and support you deserve.

Wrongful Death: A Legal Overview

Wrongful death, a poignant legal term, refers to fatalities arising from the intentional or negligent actions of another. A wrongful death can be triggered by an unfortunate accident like a car accident, workplace accident, medical malpractice, or stemming from an intentional act such as assault. The term itself suggests liability; a person’s death is deemed “wrongful” when another party – a person, business, or a different other entity – can be held liable, at least up to a point, for the decedent’s death.

In Brooklyn, as in the broader legal context of New York, wrongful death claims intertwine aspects of probate law and personal injury. Rather than adhering to conventional civil codes, such claims fall under the purview of the New York Estates, Powers, and Trust Laws (EPTL).

Conditions to Be Met for a Wrongful Death Lawsuit

A wrongful death lawsuit is actually pretty similar to a personal injury lawsuit. The major difference is that for a wrongful death suit, a personal representative of the decedent pursues the claim rather than the plaintiff.

To determine if you have a wrongful death suit, your attorney will consider the following conditions:

1. Duty of Care: The at-fault party must have owed a duty of care to the deceased individual.
2. Negligence: Actions by the responsible party, whether negligent or intentional, must have breached their duty of care.
3. Causation: It must be demonstrated that the actions of the defendant directly led to the victim’s demise.
4. Dependents: Wrongful death claims require evidence of the decedent having dependents or beneficiaries reliant on them.
5. Damages: Proof of economic losses suffered by the decedent’s survivors due to the untimely death completes the foundation of both legal pursuits.

New York’s Time Limit for Filing a Wrongful Death Claim

In New York, the statute of limitations for wrongful death cases, defined by EPTL § 5-4.1, is a stringent two years from the date of the loved one’s death. Evidently, this applies to Brooklyn and the other boroughs of New York City. This limited timeframe emphasizes the critical need for swift action to preserve the right to seek damages.

Various factors can influence this statute, including ongoing criminal cases against the responsible party, instances of medical malpractice leading to wrongful death, and cases where municipal negligence is implicated. The urgency actually intensifies when government involvement is suspected. Claims against the city or government agencies must be initiated within 90 days of the fatal incident.

Who Can Sue for Wrongful Death in Brooklyn NY?

In Brooklyn, NY, the right to file a wrongful death claim rests with the personal representative of the deceased. This role is determined either by the decedent’s will or testament, or appointed by a judge. The representative, often a family member such as a spouse, child, or parent, is entrusted with initiating wrongful death action and stands to share in the compensation awarded.

New York law uniquely designates the personal representative as the exclusive party authorized to file a wrongful death lawsuit, distinguishing it from states where surviving family members can directly initiate legal action. Whether named in the decedent’s will or appointed by the court, the personal representative, typically a family member, plays a pivotal role in navigating the complexities of filing a wrongful death claim in the state.

Who Is Liable for Wrongful Death?

Determining liability for wrongful death involves a meticulous assessment of the circumstances leading to the tragic event. Typically, the party deemed responsible is the one whose negligence, intentional actions, or wrongful conduct directly caused the death.

As we’ve already mentioned above, liability can extend to individuals, businesses, or entities such as the municipality. Also, common scenarios that can lead to one’s death include auto accidents, medical malpractice, property defects, and fatal injuries resulting from assaults or construction accidents. Thus, liable parties may be negligent or reckless drivers, construction contractors who haven’t provided all the safety measures for their workers, doctors who have made grave errors, negligent or abusive nursing home staff, etc.

Understanding liability is crucial, as it forms the basis for pursuing a wrongful death claim. Our wrongful death attorneys at Hill & Moin LLP, can help unravel the complexities of liability and guide you through the process of seeking justice and compensation.

What to Do When a Loved One Dies Due to Negligence?

Facing the tragic loss of a loved one is among life’s most challenging situations, particularly when the death results from the avoidable negligence of another. While it may seem overwhelming, you can strengthen your case by taking the following steps:

• Collect comprehensive information, including contact details of witnesses, the official police report if relevant, medical records, and bills from the final days.
• Gather proof of your loved one’s wages and be cautious about sharing details with others.
• Avoid discussions with insurance representatives without the counsel of a wrongful death attorney.
• Refrain from disclosing case details to friends, as even well-intentioned conversations may inadvertently harm your case. Also, do not post or discuss the details of your loved one’s death on social media.

Last but not least, consult a wrongful death lawyer to safeguard your legal standing. If you’re in Brooklyn, NY, our attorneys at Hill & Moin LLP can help you pursue justice, and financial recourse, as well as navigate the challenging aftermath of your loved one’s untimely death.

What Damages Can I Collect for Wrongful Death in Brooklyn, NY

In general, the compensation granted to the surviving relatives in a wrongful death legal action usually falls into three main classifications: economic, non-economic, or punitive.

1. Economic damages encompass financial losses such as medical costs, funeral costs, and lost wages.
2. Non-economic damages involve intangible losses like pain and suffering, emotional distress, and the loss of companionship.
3. Punitive damages, if awarded, are intended to punish the responsible party for grossly negligent conduct and deter similar actions in the future.

It is important to note here, that since 2019, personal representatives filing a wrongful death lawsuit in New York cannot seek compensation for the grief, emotional distress, and loss of companionship resulting from the death of a loved one. It is still viable, though, to pursue damages for the victim’s conscious pain and suffering as well as the fear of imminent death experienced prior to their passing.

The Worth of a Wrongful Death Case

Evaluating the worth of a wrongful death case isn’t as easy as for a personal injury. That’s because the assessment of damages requires taking into account factors like the deceased’s age, ages of minor children, value of their earnings before death as well as estimated values of their future possible earnings, the nature of support provided to the family, and more.

Notably, wrongful death claims are often coupled with survival actions, which compensate for pre-death non-economic damages, necessitating consideration of the duration of survival, medical treatment, and injury severity. Our Brooklyn wrongful death lawyers collaborate with expert professionals to construct compelling cases and pursue the utmost value for your claim.

Finding Legal Help After Losing a Loved One

At Hill & Moin LLP, we provide comprehensive assistance in wrongful death cases, offering both legal advice and affordable solutions. When you choose us, we will:

• Conduct a thorough assessment of the circumstances to determine the legal merits of your wrongful death claim.
• Collect pertinent documentation, witness statements, and expert opinions to build a strong and compelling case.
• Collaborate with specialized professionals such as medical and forensic experts to strengthen the technical aspects of your case.
• Negotiate with insurance providers to ensure a fair settlement and advocate for your rights.
• Engage in legal proceedings with the responsible parties, seeking accountability and pursuing compensation.
• Employ strategic approaches and leverage legal expertise to maximize the potential compensation for your wrongful death case.
• Prepare a robust case strategy and, if required, present your case in a court of law to seek justice through legal proceedings.
• Provide empathetic and supportive guidance, addressing emotional needs while navigating the complexities of the legal process.

Contact a Brooklyn Wrongful Death Lawyer at Hill & Moin LLP Today!

In the face of the profound grief and financial challenges that accompany the unexpected loss of a loved one due to negligence, Hill & Moin LLP stands as a beacon of support and expertise. We understand the emotional turmoil and financial strain that families endure, our Brooklyn wrongful death attorneys are dedicated to providing compassionate legal guidance.

Whether you’re pondering questions about justice, responsibility, or the viability of a wrongful death lawsuit, our legal team at Hill & Moin LLP is here to help. Our personal injury attorneys understand the complexities of these situations and offer a free consultation to discuss your case and help you make informed decisions.

At Hill & Moin LLP, we go beyond legal representation; we strive to be your ally during this challenging time. Our commitment extends to managing cases on a contingency fee basis, ensuring that if we do not secure compensation for you, you owe us nothing. Contact us 24/7 at (212) 668-6000 to schedule a free consultation and learn about our Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!