Brooklyn Wrongful Death Lawyers

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

No amount of compensation can make up for the loss of a family member. However, recovering compensation during this challenging time can help to alleviate the financial burdens you are struggling with. In New York, two types of damages can be recovered:

Pain and Suffering

Pain and suffering damages are repayment for the pain and suffering the accident victim experienced before their death. To quantify pain and suffering damages, attorneys will use the fear of impending death, taking into consideration the amount of time the injured party was aware they were actively dying.

Economic Damages

Economic damages in a wrongful death lawsuit are focused on financial loss. The victim’s family members can claim damages based on the financial losses they will experience due to the untimely loss of a loved one. 

Examples of economic damages the family members can pursue include:

• Funeral, burial, or cremation costs
• Medical expenses incurred
• Lost wages the decedent was earning and would have earned if not for their untimely death
• Services the decedent provided, such as health insurance
• Loss of assets or inheritance

When calculating economic damages in a wrongful death lawsuit, an attorney will factor in the life expectancy and the age of the deceased party. 
 
Unlike other states, New York does not allow the surviving family members to pursue compensation for the pain and suffering they have experienced due to the loss of their loved one.

Who Can File a Wrongful Death Lawsuit in New York?

Not everyone can file a wrongful death lawsuit after losing a loved one. 
In New York, the following parties can file a wrongful death lawsuit:

• Spouse
• Child
• Parent
• Personal representative of the victim

Other Dependents

Individuals who were financially dependent on the deceased party may be entitled to compensation. These other dependents can include adopted children, stepchildren, or other relatives who relied on the deceased party financially.

What Are Common Causes Of Wrongful Death?

The unexpected loss of a loved one can occur in many ways. Wrongful death occurs due to the negligent or wrongful actions of another person or entity. In New York, common causes of wrongful death include:

Medical Malpractice

When a medical professional fails to uphold their standard of care and it results in a medication error, surgical error, misdiagnosis, a delay in diagnosis, or a failure to treat, the medical professional and other associated parties can be held liable.

Auto Accidents

A death resulting from a motor vehicle collision can be caused by distracted driving, driving under the influence of drugs and alcohol, reckless driving, speeding, and other forms of negligence.

Workplace Accidents

A fatal accident in the workplace can occur in high-risk industries, such as construction or manufacturing. These accidents can occur due to unsafe work environments, lack of training, lack of supervision, failure to maintain machinery, lack of safety equipment, and other forms of negligence.

Defective Products

When a consumer dies in a fatal accident as the result of a defective or dangerous product, the manufacturer and other parties can be held liable. Defective product deaths can be caused by the failure to provide adequate instructions or warnings, manufacturing errors, or design flaws.

Slip and Fall Accidents

A fatal injury resulting from a slip and fall or trip and fall accident can occur when the property owner or manager fails to keep their premises reasonably safe or fails to warn visitors or invitees of dangerous conditions on the property.

How Can a Brooklyn Wrongful Death Attorney Help?

A wrongful death attorney at Parker Waichman LLP can help you seek justice and compensation for the loss of a loved one due to the misconduct or negligence of another. Our experienced Brooklyn wrongful death lawyers can investigate the circumstances surrounding the death to uncover the truth, identify the responsible parties, and build a strong case that will hold them financially responsible.

A wrongful death attorney on our legal team can also provide compassionate and dedicated support throughout the legal process, ensuring your rights are protected and that you recover fair compensation for your damages.

What is the Statute Of Limitations for Wrongful Death in NY?

In New York, eligible parties will have two years from the date of the death of their loved one to take legal action against the negligent party responsible for the untimely death of their family member. Failure to take legal action during this period can result in your case being dismissed, barring you from recovering any compensation for your devastating loss. Because of this short window, you must contact a Brooklyn wrongful death lawyer at Parker Waichman LLP as soon as possible to give your attorney adequate time to investigate the incident and build the strongest case possible.

Contact Us Today

If you lost a loved one in an accident that was caused by the negligence of another person or entity, you may be entitled to compensation. Let the experienced, compassionate wrongful death lawyers at Parker Waichman LLP fight for the justice you and your family deserve. Contact us today to schedule a free consultation to learn more.