Losing a loved one can be heartbreaking, especially when it’s the result of someone else’s negligence. If you’ve lost a family member due to wrongful death, a Brooklyn personal injury lawyer can help you pursue damages.
In the aftermath of a loved one’s death, you may have to deal with mounting expenses and overwhelming grief. During this difficult time, it’s natural to be uncertain about what to do next.
The attorneys at Chaikin Trial Group Personal Injury Lawyers have over 50 years of combined experience. If you’ve lost a loved one due to another party’s negligence, a Brooklyn wrongful death lawyer from our team can help you file a claim and pursue justice for your family.
How Can a Wrongful Death Lawyer in Brooklyn Help Me?
Brooklyn wrongful death lawyers handle every aspect of the legal process, including:
- Investigating the circumstances surrounding your loved one’s death
- Gathering evidence to establish negligence
- Calculating the financial impact of the loss
- Representing you in negotiations or court proceedings
New York wrongful death lawyers ensure that your rights are protected and that all responsible parties are held accountable.
For a free legal consultation call (212) 977-2020
How Much Is My Wrongful Death Claim Worth?
The value of a wrongful death claim depends on several factors, including the deceased’s income, age, health, and the circumstances of their death. Generally speaking, wrongful death settlements can range from tens of thousands to several million dollars.
A Brooklyn wrongful death attorney can help determine the full value of your claim.
Brooklyn Wrongful Death Lawyer Near Me (212) 977-2020
Types of Damages You Can Recover
In New York, wrongful death claims allow families to recover several types of damages, including:
- Medical expenses: You can recover the costs of any medical treatment provided to your loved one before their passing.
- Funeral and burial costs: You can obtain compensation for any expenses incurred while laying your loved one to rest.
- Lost wages and benefits: You can recover the income your loved one would have earned and provided to the family.
- Loss of support and services: You can receive compensation for the value of services, such as childcare or household management, that your loved one would have provided.
- Loss of parental guidance: You can claim damages for the emotional and educational guidance lost due to the death of a parent.
- Loss of companionship: You can recover compensation for the emotional loss suffered due to the absence of your loved one.
- Punitive damages: In rare cases, you may recover punitive damages to punish the responsible party for egregious misconduct.
A New York wrongful death attorney can calculate your damages to ensure you’re fairly compensated.
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Who Can File a Wrongful Death Claim in New York?
Under New York law, only the personal representative of the deceased’s estate can file a wrongful death claim. This individual is usually named in the deceased’s will or appointed by the court.
While the personal representative files the claim, the compensation is distributed to eligible family members, including spouses, children, parents, and other dependents. Each family member’s share is determined based on their financial and emotional dependence on the deceased.
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What Is the Statute of Limitations for Wrongful Death Claims in New York?
The statute of limitations for filing a wrongful death claim in New York is two years from the date of the death. If you miss this deadline, you may lose your right to pursue compensation.
A Brooklyn wrongful death litigation lawyer can make sure you file on time.
How Is Liability Determined?
Proving liability in a wrongful death case requires demonstrating that the defendant’s actions or negligence caused your loved one’s death. This involves:
- Establishing a duty of care owed by the defendant
- Showing that the defendant breached this duty through negligence or misconduct
- Proving that this breach directly caused the death
- Demonstrating the damages suffered as a result
A wrongful death lawyer in Brooklyn can collect evidence such as medical records, witness statements, and expert testimony to build a strong case.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional misconduct of another party.
Common Causes of Wrongful Death
Some of the most common causes of wrongful death include:
- Medical malpractice
- Car accidents caused by negligent drivers
- Workplace accidents
- Defective products
- Criminal actions such as assault or homicide
What to Do After the Death of a Loved One
The aftermath of a loved one’s death can be overwhelming, but the following steps can help you protect your rights and build a strong case:
- Obtain documentation: Secure the death certificate and any medical or police reports related to the death.
- Contact a lawyer: Contact a wrongful death attorney in Brooklyn to discuss your case.
- Preserve evidence: Keep records of medical bills, funeral expenses, and any communications with involved parties.
- Avoid premature settlements: Insurance companies may offer quick payouts that do not reflect the full value of your claim. Don’t accept anything without speaking to an attorney.
An experienced wrongful death law firm, such as Chaikin Trial Group Injury Lawyers, can guide you through this process.
Speak With a Brooklyn Wrongful Death Attorney Today
Losing a loved one is one of life’s most challenging experiences. While no amount of money can replace their presence, a wrongful death claim can provide the financial support you need to move forward and hold the responsible parties accountable.
If you’ve lost a loved one due to negligence or misconduct, don’t try to navigate the legal process alone. Schedule a free consultation with a Brooklyn wrongful death attorney from Chaikin Trial Group Injury Lawyers to learn about how you can seek justice for your loved one.
Call or text (212) 977-2020 or complete a Free Case Evaluation form