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Wrongful Death

The death of someone close to you is always painful. But when your loved one dies because of another person’s negligence, the pain is magnified. Fortunately, New York residents are entitled to compensation when another party’s negligence or wrongful act caused a family member’s death. 

A personal injury law firm experienced in wrongful death cases can help you receive fair compensation for the death of your loved one. Speak to New York wrongful death lawyers today at the Law Offices of Robert E. Brown, P.C. for more information. Attorney Brown is a former NYPD captain and a Harvard graduate with a perfect 10.0 Superb Avvo rating. He knows how to prove wrongful death and maximize compensation for grieving families in New York. 

What Is a Wrongful Death? 

In New York, the wrongful death statute states that the following elements must be present for a wrongful death: 

  • A person died due to the reckless or negligent behavior of another party
  • The deceased person could have pursued a personal injury claim if they had lived
  • There is at least one surviving person who suffered economic losses related to the death
  • There is compensation for damages that the deceased person’s estate can recover 

If you think someone else’s negligence caused your loved one’s death, don’t delay. Retain a NY wrongful death attorney to take legal action immediately. Critical evidence could disappear soon, so acting quickly is essential to maximize your chances of success. Also, eyewitness memories might fade after a few weeks. Getting prompt statements from eyewitnesses to the accident may be essential to winning the case. 

What Is a New York Wrongful Death Claim? 

In New York, if a loved one dies because of another person’s negligence, you may be able to obtain compensation in a wrongful death claim for your economic and non-economic losses. There are four aspects of negligence that wrongful death attorneys in New York must prove to get compensation: 

  • The defendant had a duty of care to the deceased. For example, a New York car driver has a duty of care to other motorists to obey traffic laws and drive safely. 
  • The defendant violated the duty of care: For example, the driver ran a stop sign in Manhattan. 
  • The breach of duty caused the accident: Running the stop sign caused the driver to hit and fatally injure a pedestrian in the crosswalk. 
  • The plaintiff suffered losses as a result: The deceased’s family has mental anguish, funeral bills, and other losses related to the accident. 

A wrongful death lawyer will work hard to prove these four legal elements of negligence. Once the attorney demonstrates that the other party was negligent, they can demand compensation to settle the case and reimburse the victim’s family for their losses. 

New York’s Wrongful Death Statute

The New York wrongful death statute states that you need to be a statutory beneficiary of the deceased person. Spouses, children, and parents may be compensated in the wrongful death action. 

Only the estate’s personal representative can file the wrongful death lawsuit. The personal representative is often named in the deceased’s will, but not always. If the claim is successful, any compensation must be held in trust. The funds are distributed to the appropriate beneficiaries and heirs during the estate settlement process. This is done after legal fees and expenses are deducted from the settlement or award. 

The wrongful death statute in New York also states that you must demonstrate that another person’s negligence caused the death. It may appear clear that the defendant’s negligence caused the death, but your attorney will need to perform an investigation of the accident to prove the case. 

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Who Can Be Held Liable In A New York Wrongful Death Claim? 

You might assume that only one party is liable for your loved one’s death. However, there may be more than one negligent person or entity that caused the death. Liable parties in a wrongful death lawsuit may include: 

Your wrongful death lawyer can determine who may be liable in your wrongful death case. In some claims, the liable party or their insurance company may attempt to avoid or shift blame. For example, a liable driver’s insurance company may argue that another driver caused the crash that killed your loved one. Another possibility is that the insurance company attempts to blame your family member for their death. 

Fortunately, you never need to deal with such accusations alone. This is when a seasoned New York wrongful death lawyer can assist you by thoroughly preparing your case. 

How New York Wrongful Death Lawyers Can Help You 

Wrongful death claims in New York are complicated, and insurance companies will try to compensate you for as little as possible. Fortunately, Attorney Brown is a seasoned wrongful death lawsuit attorney ready to fight for your rights and maximum compensation. Ways that our wrongful death lawyer will help your case are: 

They Provide Valuable Legal Guidance And Advice

The words and actions taken in a wrongful death claim can greatly impact what happens. You can obtain fair compensation for your losses if you make legally intelligent decisions. 

However, the wrongful death claim process is complex. How will you know which actions to take and what to say during the settlement or litigation process? Few plaintiffs have the legal skill or experience to successfully handle their wrongful death claim. A New York wrongful death attorney will ensure that the correct legal strategies are used to obtain the best case result. 

They Oversee The Case’s Administrative Workload

Obtaining compensation for a wrongful death claim isn’t easy. There is administrative work, evidence collection, and much more. The last thing you want to do after a loved one dies is deal with legal and administrative tasks. 

When you hire Attorney Brown, you don’t have to spend any time on paperwork. Our experienced wrongful death attorneys and legal staff will handle your case’s workload. This gives you the time you need to deal with your loss and be comforted by your close friends and family. 

They Obtain Critical Evidence To Prove The Claim

A successful wrongful death claim depends on proving that another party’s actions or inactions caused your loved one’s death. Doing so requires a lot of strong evidence to be compiled and analyzed. Our attorneys know how to prove wrongful death and locate proof for your case. 

They Negotiate With Reluctant Insurance Companies

The defendant’s insurance company isn’t your friend. The insurance adjuster’s goal is to minimize the compensation paid to you. The insurance company will try to get you to settle for the lowest amount. Your attorney will aggressively negotiate for the most money for your economic and non-economic losses. Most wrongful death claims are settled through insurance negotiations rather than a trial. 

They Represent You In Court If Necessary 

Sometimes, the insurance company doesn’t offer fair compensation for someone’s death. Perhaps the adjuster partially blames the deceased for causing the accident. Whatever the reason, your wrongful death lawyer will be ready to take the case to court if needed. 

A wrongful death attorney working for you is essential to obtain the most money for your losses. Contact the Law Offices of Robert E. Brown today for help in recovering compensation for the death of your loved one. 

Potential Compensation In A New York Wrongful Death Lawsuit

The deceased person’s family member could be entitled to financial damages in a lawsuit. Potential compensation in a NY wrongful death claim includes: 

  • Burial and funeral costs
  • Medical care costs prior to the decedent’s death
  • Loss of income
  • Loss of benefits
  • Loss of home services, such as caring for children, upkeep on the home, and more
  • Loss of an intimate relationship with the deceased 
  • Mental and emotional anguish
  • Pain and suffering of the deceased before death 

New York Statute Of Limitations For Wrongful Death Claims

You only have a limited time to take legal action for your loved one’s death. In New York, the statute of limitations for filing personal injury and wrongful death claims is two years from the date of death. It’s essential to contact an experienced legal team in New York promptly. 

Contact A New York Wrongful Death Lawyer Now 

The Law Offices of Robert E. Brown, P.C., has years of experience in wrongful death claims. Attorney Brown is proud of his perfect 10.0 Avvo Superb rating and looks forward to fighting for the most compensation for you and your family in a wrongful death claim. Contact Attorney Brown today for a free consultation by calling (212) 766-9779. 

Wrongful death attorneys are compensated by contingency fees. This means they are paid a portion of the case proceeds if the claim succeeds. You don’t need to pay out-of-pocket legal expenses for your attorney’s work.