Are you struggling with the loss of a loved one after a fatal accident in Brooklyn, NY?
Call Rosenbaum & Rosenbaum, P.C. Our Brooklyn wrongful death lawyers are here to help you navigate this trying time. You may be entitled to compensation from those responsible for your family member’s death, and we can help you fight to maximize your financial recovery.
We offer a free initial case evaluation.
This way, you have the opportunity to sit down with a member of our compassionate team to discuss your legal rights and options. There’s no obligation, so give our law office in Brooklyn a call to get started.
How Rosenbaum & Rosenbaum, P.C. Can Help After a Fatal Accident in Brooklyn
Having an experienced Brooklyn personal injury lawyer fighting for you can make a world of difference as you pursue compensation with a wrongful death action.
By bringing an attorney into the mix, you make it crystal clear to at-fault parties and insurance providers that you are serious about recovering money for your tragic loss.
At Rosenbaum & Rosenbaum, P.C., our Brooklyn personal injury attorneys have 40+ years of experience and have recovered tens of millions of dollars (and counting) on behalf of injury victims and their families. When you turn to us for help, you can expect to have the full force of our law firm behind you. We are prepared to invest the time and resources that are necessary to secure maximum financial justice on your behalf.
Our legal team will:
- Provide you with compassionate and understanding legal representation during this very difficult time in your life
- Help you understand all of the options for recovery that might be available to you
- Oversee an exhaustive investigation into the accident that led to your family member’s untimely death
- Enlist accident and injury experts to analyze evidence and help as we build and value your claim
- Neutralize efforts to “blame the victim,” which could adversely affect your ability to recover compensation
- Sit down with at-fault parties and/or their insurers in an effort to negotiate a settlement deal
- Have our respected and accomplished trial lawyers bring your case before a jury, if necessary
We know that money will never make things completely better. An influx of cash won’t bring your loved one back or fill the emptiness in your heart. However, when you recover compensation from those responsible, it can serve as a bit of justice and ensure that you are financially secure for years to come.
Call us to discuss your wrongful death case today. We’re always standing by to answer when you need us most.
What is Wrongful Death?
Wrongful death refers to a death that is the result of negligence, default, or intentionally wrongful conduct. It means that death could have likely been avoided, had the at-fault party (defendant) exercised a reasonable level of care.
In New York, individuals who cause another person’s death can face legal consequences for their actions – both criminal and civil. It’s possible that, following a fatal accident, the state of New York will file criminal charges against the person responsible. Additionally, that person might be named in a wrongful death action, which is a civil course of action undertaken by the deceased victim’s family.
Causes of Wrongful Death in Brooklyn
Any accident can potentially be fatal. At Rosenbaum & Rosenbaum, P.C., our Brooklyn personal injury lawyers represent family members who have had a family member die as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Uber accidents
- Pedestrian accident
- Bicyclist accidents
- Subway accidents
- Bus accidents
- Dog bites
- Negligent security
- Slip and fall accidents
- Premises liability matters
- Medical malpractice
- Birth injury
- Dangerous drugs
- Product liability matters
- Nursing home abuse or neglect
- Construction accidents
- Workplace accidents
- And more
Please don’t hesitate to reach out to our law firm to arrange a free initial case evaluation if you have recently been affected by a fatal accident in Brooklyn, New York.
Our attorneys can help you file a lawsuit and seek the money you deserve.
When Does a Wrongful Death Lawsuit Have to Be Filed in Brooklyn?
Most personal injury lawsuits in New York are subject to a three-year statute of limitations. Wrongful death cases are different.
If you decide to file a wrongful death action, you will have two years from the date of your loved one’s death to do so.
You could have even less time to act if you believe that the government contributed to or caused the fatal accident. Claims against the city or government agencies must be filed within 90 days of death.
Failing to meet the deadline will effectively make your claim “stale.” In other words, a court won’t acknowledge your right to recover compensation, and you’ll lose out on the money you really need.
Who Can File a Wrongful Death Action in Brooklyn, NY?
While family members are the ones who ultimately benefit from compensation awarded in a wrongful death case, it’s the victim’s personal representative who actually files the claim.
The personal representative is either:
- Named by the decedent in their Last Will and Testament, or
- Appointed by a judge.
Often, the personal representative is a family member – such as a spouse, child, or parent – who will ultimately share in the compensation that is awarded.
What Damages Are Available in a Brooklyn Wrongful Death Action?
In New York, the scope of damages that can be awarded in a wrongful death lawsuit is very narrow. Family members can potentially recover compensation for:
- Medical bills and expenses incurred prior to the victim’s death, if they survived for a period of time
- Funeral expenses
- The cost of burial/cremation
- Loss of inheritance
- The value of services or support the victim would have provided, had they survived
- The value of lost wages, benefits, and financial support the victim would have provided, had they survived
As you can see, pain and suffering damages are not available in New York wrongful death cases. Family members can not obtain compensation for the mental anguish or distress that is triggered by a fatal accident. However, these non-economic damages can be sought if the victim survived their fatal injury for a period of time.
What Happens If the Insurance Company Tries to Blame the Victim?
Call an attorney, immediately. Insurance companies are only interested in making money. So, adjusters are tasked with finding any way to deny claims. One way to deny a claim is to point fingers and blame the victim for their injuries – or in this case, death. Under New York’s comparative negligence system, these tactics can significantly reduce the value of a wrongful claim, or prohibit family members from recovering compensation at all.
Under the law, anyone who contributes to an accident – including victims – shares responsibility for the consequences. If the accident victim is allocated 100% of the blame, their families will be effectively barred from seeking damages in a wrongful death lawsuit. If the accident victim is apportioned a percentage of the blame, the family’s financial award will be reduced in direct proportion to that.
For instance, let’s say a family member of yours was killed in an auto accident at a busy intersection in Brooklyn. They’re apportioned 50 percent of the blame for the fatal crash. As a direct result, your financial award in a related wrongful death action will be cut in half. If your damages totaled $1 Million, you could recover, at most, $500,000.
Hiring an attorney can help to neutralize these (often baseless) tactics. Your family member isn’t around to defend themselves. Our Brooklyn wrongful death attorneys are happy to stand up and fight to preserve their good name and reputation and, in the process, safeguarding your ability to recover the money you deserve. The less fault that’s ultimately assigned to the victim, the more money you can potentially get when your wrongful death case is resolved.
Schedule a Free Consultation With Our Brooklyn Wrongful Death Lawyers
Has a family member of yours recently died in a fatal accident in Brooklyn? Call Rosenbaum & Rosenbaum, P.C. to speak with an experienced Brooklyn wrongful death lawyer about your legal options. You could be entitled to a sizable financial settlement or award for your financial losses, and our law firm is ready to help you fight to get every cent you deserve.
We offer a free case evaluation, so call our New York City law office to arrange yours today.