Brooklyn Wrongful Death Lawyer
Losing someone close to you is never easy, and it’s even worse when your loved one dies needlessly due to someone else’s wrongful behavior. Not only does it take an emotional toll on you, but it could also lead to significant and unexpected financial consequences. If you have lost a family member to someone else’s wrongdoing, you deserve justice. Our Brooklyn wrongful death attorneys can help.
The Brooklyn wrongful death lawyers at The Perecman Firm, P.L.L.C., are here to help you seek the compensation you deserve for your loss. Our attorneys are dedicated professionals who can fight for your best interests and provide the support and guidance you need. Over our many years in practice, we have helped clients recover more than half a billion dollars in compensation. Let us use our knowledge and experience to help your family during this difficult time.
Contact us now to discuss your legal options with a Brooklyn wrongful death lawyer in a free, confidential consultation session.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim that arises when someone dies due to another party’s negligence, recklessness, or intentional behavior. For example, if someone is driving drunk and they cause a car accident that kills someone, surviving family members could have grounds for a wrongful death lawsuit against the drunk driver and their insurance company.
Qualifications for a Wrongful Death Claim in Brooklyn
Your situation must meet specific criteria to have grounds for a wrongful death claim in Brooklyn. One helpful metric is whether the victim would have had a valid personal injury claim if they had survived. If your loved one would have had an injury claim against another party had they survived, and you are a surviving family member or representative of their estate, you can likely file a wrongful death claim in Brooklyn.
Common Causes of Wrongful Death in Brooklyn
A wrongful death can occur in various situations due to countless possible causes. Some common causes of wrongful death in Brooklyn include:
- Car crashes – Collisions are among the most common causes of wrongful deaths in Brooklyn. Fatal car crashes often stem from speeding, reckless driving, and driving under the influence.
- Medical malpractice – When a medical professional fails to provide adequate care or makes a preventable mistake during treatment, it can lead to the wrongful death of a patient.
- Workplace accidents – Workers can suffer fatal injuries while on the job for various reasons, including inadequate safety measures, lack of training, and dangerous working conditions.
- Defective products – Defective products like faulty automobiles or dangerous drugs could contribute to wrongful deaths if they do not work as intended.
- Criminal acts – Intentionally violent acts such as assault, battery, domestic violence, and homicide can also result in wrongful death. The victim’s surviving family members could have a civil claim separate from any criminal cases.
Proving Liability in a Wrongful Death Lawsuit in Brooklyn
You must prove that the other party (defendant) is liable (responsible) to recover compensation in a wrongful death claim. To prove that someone is liable in a wrongful death case, you must show that:
- The defendant had a responsibility to avoid harming your loved one. In general, people and organizations must take reasonable care not to endanger or injure other people. For example, drivers must exercise reasonable care while driving and doctors must provide competent medical treatment to their patients.
- The defendant failed in their responsibility to take reasonable care. Would a reasonable person have acted the same way in the same situation? If not, the defendant could be liable. For example, if someone was swerving in and out of traffic at high speeds, you could likely say they failed to exercise reasonable care.
- The defendant’s failure to exercise reasonable care directly contributed to the person’s death. This can be challenging to prove, especially if other factors contributed to the incident. Our knowledgeable wrongful death lawyers can develop strong evidence linking the defendant’s actions to your loved one’s death.
- You suffered losses due to the defendant’s negligent actions. In addition to the loss of your loved one, you must prove that you suffered measurable losses due to their death. These losses could include any final medical expenses you paid, funeral costs you incurred, and the loss of the deceased’s income.
Who Can File a Wrongful Death Claim in Brooklyn?
Family members who can make a wrongful death claim include:
- Spouse of the deceased
- Parents who lost a child
- Children who lost a parent
In some cases, siblings or other close relatives can file the claim. If the person filing the claim is a minor, they may require an adult guardian in order to file a lawsuit. Depending on the situation, other legal dependents and members of the victim’s family may be able to pursue a wrongful death claim in Brooklyn.
Potential Compensation in a Successful Brooklyn Wrongful Death Case
If your loved one dies due to someone else’s negligence, you could seek compensation for your losses with a wrongful death claim. The money you recover could compensate you for the following:
- Funeral expenses
- Loss of companionship
- Final medical expenses
- Financial support the deceased would have provided throughout their lifetime
How Long Do I Have to File a Wrongful Death Lawsuit in Brooklyn?
New York law generally gives you a two-year window from the date of death to file a lawsuit. If you do not file a wrongful death lawsuit within two years of the person’s death, you could be barred from recovering compensation.
Our Brooklyn wrongful death attorneys can help you avoid costly errors by identifying important deadlines and handling your case as efficiently as possible.
Contact Our Brooklyn Wrongful Death Lawyers for a Free Consultation
Losing a loved one can have long-lasting consequences for your family, finances, and future. At The Perecman Firm, P.L.L.C., we’re here to demand the justice you deserve if someone else’s wrongdoing caused your loss. Our New York wrongful death attorneys can stand up for your rights and work tirelessly to maximize your settlement.
Contact us today to discuss your legal options in a free, confidential case review.