Wrongful Death FAQs
Wrongful Death FAQs

Brooklyn Wrongful Death FAQs

Losing a loved one is difficult, but our team ensures you know the next steps to hold the negligent party accountable. Reach us at 347-318-4935.

Who can file a wrongful death suit?

The laws differ by the state in which you file a wrongful death suit. In New York, the responsibility for filing a wrongful death claim is with the “personal representative” of the deceased person’s estate. In many other states, family members are allowed to bring a wrongful death claim to court. Those who were dependent on, or a beneficiary of, the deceased may be entitled to monetary damages.

Who pays in a wrongful death suit?

If a loved one has died through the negligence or misconduct of another individual, company or entity, you may be entitled to bring legal action in the form of a wrongful death lawsuit against those responsible to pay for the loss of life. Wrongful death statutes across the U.S. compel manufacturing companies and medical personnel to act carefully in their professional responsibilities but also apply to vehicle accidents and even murder (such as O.J. Simpson’s famous not guilty verdict in his criminal murder trial followed by a guilty verdict in the civil trial in the wrongful death of Nicole Brown).

When to file a wrongful death lawsuit?

There are deadlines and statutes of limitations involved in filing wrongful death lawsuits, so you should discuss your case with an experienced personal injury attorney as soon as possible to learn more about your legal rights and the strength of a potential case.

What is a wrongful death charge?

A wrongful death charge is a civil action claim against a person who can be held liable for the death of another person through negligence or misconduct.

What does a wrongful death lawyer do?

The laws involved in wrongful death lawsuits are complicated and different for every state. An experienced wrongful death lawyer knows the time limitations on such lawsuits and will guide you through the legal process of a wrongful death claim to ensure you receive the monetary damages you are entitled to.

What is considered wrongful death?

When a person is killed or dies due to the negligence or with the intent to harm (misconduct) of another, it is considered wrongful death. Anytime someone dies from other than natural causes; there is a possibility that someone else is legally to blame. Some examples of wrongful death include:

  • Car, trucking, bus, train, boat and motorcycle accidents
  • Fires
  • Construction accidents
  • Murder
  • Unsafe or defective products
  • Dog bites
  • Nursing home abuse or negligence
  • Drunk driving
  • Theme park accidents
  • Defective drugs or pharmaceuticals, particularly those with known problems
  • Gunshot or stabbing wounds
  • Work-related injuries
  • Medical negligence

How to prove wrongful death and how do wrongful death lawsuits work?

Some lawsuits are resolved by pretrial settlement, but many cases can only be resolved by going to trial. The plaintiff in a wrongful death case must show the court that the defendant was negligent and that their negligence led to the deceased’s death to be awarded any damages. Typically, these three elements must be proven:

  • Duty of care – the defendant owed a duty of care to the deceased (following the laws, obeying the rules, being careful)
  • Breach of duty of care – the defendant failed to uphold duty of care (speeding, not following medicine dosage instructions, not fixing loose railing on stairs)
  • Causation – the defendant’s action directly caused the death of the deceased

Depending on the state, a judge or a jury will decide whether the plaintiff has met the burden of proof.

What are the damages awarded in a wrongful death lawsuit?

Damages awarded for wrongful death vary by state but examples of damages awarded in wrongful death cases include:

  • Burial and funeral expenses
  • Medical, nursing and health care expenses related to deceased’s final injury or illness
  • Wages and benefit lost between deceased’s final injury and death
  • Conscious pain and suffering endured by deceased due to final injury or illness
  • Support and services deceased provided to family members
  • Loss of inheritance
  • Interest on damages awarded calculated from the date of death

How to file a wrongful death lawsuit?

If a loved one has died through the negligence or misconduct of another individual, company or entity, you may be entitled to bring legal action in the form of a wrongful death lawsuit against those responsible to pay for the loss of life. Contact a Brooklyn wrongful death lawyer experienced in wrongful death lawsuits who can advise you about your rights, the time limits involved in wrongful death lawsuits and the strength of your case.

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