Representing Survivors of Wrongful Death Victims in Brooklyn
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 one way to seek justice for your loved one and recover compensation for your family. Our Brooklyn wrongful death lawyers can explain your options.
When seeking justice for a wrongful death, turn to Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Our firm has been around for over 50 years, and we’ve won over $1 billion for clients.
Our attorneys meticulously prepare each case, ensuring a thorough understanding of the law and facts. Our attorneys collaborate with top experts, sparing no expense to secure the best outcome for our clients. Trust us to fight for your rights in the courtroom.
Call Wingate, Russotti, Shapiro, Moses & Halperin, LLP, today at (212) 986-7353.
What Types of Accidents Can Result in Wrongful Death?
When an accident caused by recklessness or negligence results in the death of a person, surviving family members can hold responsible parties accountable. The 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.
Who Can File a Wrongful Death Claim in Brooklyn and When?
In New York, only statutory beneficiaries of the deceased person can benefit from a wrongful death claim. These beneficiaries are immediate family members — including 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.
Determining Who Is Liable in a Wrongful Death Claim
In a wrongful death claim, several elements must be proven, including the death of an individual caused by another’s negligence, breach of duty, or intentional harm. Liability in wrongful death cases is typically determined by establishing the defendant’s duty of care towards the deceased, demonstrating how this duty was breached, and proving that this breach directly led to the death.
Factors such as negligence, recklessness, or intentional wrongdoing may influence liability. Evidence such as witness testimony, expert opinions, medical records, and documentation of the details of the incident are crucial in establishing liability. Courts assess these elements to determine responsibility and award damages accordingly.
How a Wrongful Death Lawsuit Is Pursued in Brooklyn
Pursuing a wrongful death lawsuit involves several crucial steps to ensure a strong case and fair compensation for the loss suffered:
- Initial Consultation: The process begins with an initial consultation with a wrongful death attorney, who will evaluate the case’s merits and potential for success.
- Filing the Complaint: The lawyer will file a complaint against the responsible party or parties on behalf of the deceased’s estate or surviving family members.
- Gathering Evidence: Gathering evidence and documentation is crucial. The evidence may include police reports, medical records, witness statements, photographs, and other relevant information supporting the claim.
- Investigations: The attorney will conduct thorough investigations into the circumstances surrounding the death. Investigations may involve gathering additional evidence, interviewing witnesses, and consulting with experts in various fields relevant to the case.
- Depositions: Depositions may be conducted to obtain sworn testimony from witnesses, experts, and parties involved in the case. These depositions provide valuable information for building a strong case strategy.
- Expert Testimony: Expert witnesses may play a critical role in establishing liability and damages. They can provide specialized knowledge and opinions regarding the cause of death, the extent of the damages suffered, and other relevant factors.
- Negotiations and Settlement: Before trial, the parties may negotiate a settlement. The case may proceed to trial if a fair settlement cannot be reached.
- Trial: At trial, both sides present their arguments and evidence before a judge or jury. The outcome of the trial will determine whether the defendant is held liable and the amount of compensation awarded.
Throughout the process, thorough documentation, diligent investigation, and expert testimony are essential for building a solid wrongful death case and achieving justice for the deceased and their loved ones.
Understanding Alternative Dispute Resolution (ADR) Methods
In wrongful death cases, alternative dispute resolution (ADR) methods like mediation or arbitration offer alternatives to traditional litigation. Mediation involves a neutral third party facilitating negotiations between parties to reach a mutually acceptable settlement. Arbitration involves a neutral arbitrator reviewing evidence and making a binding decision. These options offer benefits such as faster resolution, reduced costs, and increased privacy compared to court proceedings.
Additionally, ADR allows parties to maintain greater control over the outcome and fosters opportunities for creative solutions. By exploring ADR, parties can often achieve resolution more efficiently while minimizing the emotional toll of prolonged litigation.
Processing Emotions During the Legal Process
The legal process, especially in cases as emotionally charged as wrongful death, can be overwhelming. It’s crucial to acknowledge and address the emotions that arise during the journey. Processing grief, anger, and frustration is essential for mental and emotional well-being. Seeking support from loved ones, therapists, or support groups can provide a safe space to express and understand these emotions.
Additionally, compassionate legal representation can offer guidance and empathy, ensuring your emotional needs are addressed alongside the legal proceedings. Remember, allowing yourself to feel and process emotions is not a sign of weakness but a crucial step towards healing.
How a Brooklyn Wrongful Death Lawyer Can Help
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 law firm 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.