Wrongful Death Attorney in Brooklyn

In Brooklyn, as in the rest of New York, a wrongful death claim must be filed by the personal representative of the deceased's estate. This representative can be named in the will or appointed by the court. While the claim is filed by the representative, the damages recovered are usually for the benefit of the deceased's immediate family members, such as the spouse, children, or parents.

The first and most important element of a wrongful death claim involves establishing that the death was caused by another party's negligence or intentional act. This requires showing that the responsible party had a duty of care to the deceased, that they breached this duty, and that this breach directly led to the death. In most cases, attorneys use evidence like eyewitness accounts, medical reports, accident reconstruction (like we did in the $19 million case), and expert testimony is often used to substantiate these claims.

If you have a valid claim, you may be able to recover funeral and burial expenses, medical bills related to the deceased's final illness or injury, lost wages and benefits the deceased would have earned, the value of support and services the deceased provided, and the loss of parental nurturing, guidance, and education for surviving children. Note that each case is unique, and the specific damages depend on the impact of the loss on the family, and the overall circumstances surrounding the case itself. 

Yes, New York is one of the states that allow surviving family members to bring a pain and suffering claim along with a wrongful death lawsuit against the other party. This aspect of the claim addresses the pain and suffering the deceased may have experienced between the final injury or illness and their death. It's a way to seek justice for the suffering your loved one endured, separate from the impact of their death on the family.

Take, for example, the wrongful death case we won for the family of Amos Entrekin in Gwinnett County, Georgia. The victim, 76, was hit by a Comcast van while driving his great-grandchildren home from breakfast and left functionally a paraplegic until his death 21 months after the accident. In the verdict, the court awarded the family a sum of $11.5 million for pain and suffering. 

Although the accident did not occur in New York, this is a classic example of a situation where pain and suffering claims can be filed even after the victim’s death.

Wrongful death cases are complex; you need an injury firm with a proven track record of fighting aggressively for victims and their loved ones. If that’s what you’re looking for, justice and compensation might be a free case evaluation away.