Wrongful death is a civil action brought by family members and dependents against a party who knowingly or negligently caused the death of another person. If you have lost a loved one through someone else’s negligence or wrongdoing, no amount of money can ever compensate you for your loss. A wrongful death claim is the way to seek justice for your loved one and recover compensation for your family. Our Brooklyn wrongful death lawyers can explain your options.
When an accident caused by recklessness or negligence results in the death of a person, surviving family members can hold responsible parties accountable. Types of accidents and injuries that can cause wrongful death include the following:
- Construction accidents: Construction sites are some of the most dangerous places to be. Workers can be killed in falls from roofs or scaffolding, struck by heavy equipment, crushed in excavation cave-ins, or electrocuted by power lines. Many construction fatalities could be prevented if contractors and employers complied with OSHA safety standards.
- Truck accidents: A fully loaded 18-wheeler can weigh 80,000 pounds or more. When a big rig collides with a 4,000 pound car, the impact can cause fatal injuries to occupants of the smaller vehicle.
- Car accidents: With more vehicles on the road and more distracted and impaired driving, the risk of a fatal car accident is increasing. An estimated 42,915 individuals died in traffic crashes in 2021, representing a 16-year high, as reported by the National Highway Traffic Safety Administration (NHTSA).
- Pedestrian accidents: Pedestrians are completely unprotected and vulnerable to serious or fatal injuries when hit by a motor vehicle. In 2020, 5,494 individuals were killed in pedestrian accidents in the U.S., as stated by NHTSA.
- Medical malpractice: Medical error is a leading cause of injury and death in the U.S. Insurance companies paid out more than $3 billion for medical malpractice claims in 2021, as reported by Diederich Healthcare. Many of these claims were for medical errors resulting in death.
- Premises liability accidents: Property owners in New York have a duty to maintain their property in a reasonably safe condition for visitors. When they fail to do so or fail to adequately warn of existing hazards, residents and visitors can be hurt or killed.
In New York, only statutory beneficiaries of the deceased person can benefit from a wrongful death claim. These beneficiaries are immediate family members, and include the surviving spouse, children, and parents of the deceased. The personal representative of the deceased person’s estate must file the claim for the benefit of surviving family members. Wrongful death lawsuits must be filed within two years of the death of the victim, or the claim will be barred by the statute of limitations.
Our Brooklyn personal injury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP have more than 50 years of experience. We have recovered millions of dollars in compensation for wrongful death survivors in New York. Our legal team can act on behalf of your family, presenting evidence and testimony to prove the at-fault party is responsible for your loved one’s death, and to show that the death resulted from negligence. Damages you may be entitled to claim may include:
- Final medical expenses of your deceased loved one
- Burial or cremation and funeral costs
- Loss of expected wages of the deceased
- Loss of benefits from the work of the deceased
- Loss of inheritance
- Loss of consortium
- Punitive damages if the at-fault party committed crimes that caused the death
Call our office at (212) 986-7353 to schedule a free consultation with a Brooklyn wrongful death attorney.