Brooklyn Wrongful Death Lawyer

• The claim belongs to the deceased person’s estate, not individual family members.
• Only the personal representative of the estate may file the wrongful death lawsuit.
• The case proceeds separately from any criminal charges related to the same incident.

Wrongful death actions focus on financial losses suffered by surviving family members rather than emotional loss alone.

Common Causes of Wrongful Death in Brooklyn

Brooklyn wrongful death cases arise from many types of preventable incidents involving negligence or intentional conduct. The most common causes include motor-vehicle collisions, workplace accidents, unsafe property conditions, and medical malpractice. According to New York State crash data, Kings County consistently reports more traffic fatalities than other counties statewide.

Common scenarios seen in Brooklyn wrongful death cases include:

• Fatal car crashes involving drunk drivers, speeding, or distracted driving.
• Construction site accidents involving falls, falling objects, or equipment failures.
• Medical errors such as delayed diagnosis, surgical mistakes, or medication errors.
• Premises liability incidents caused by unsafe conditions on private or commercial property.

Each case type requires a different liability analysis under New York law.

Filing and Recovery Rights in Wrongful Death Cases

New York law strictly defines who may file wrongful death claims and who may receive compensation. The personal representative files the claim on behalf of eligible beneficiaries, which may include the decedent’s spouse, children, or parents, depending on family structure and dependency.

Compensation is distributed based on pecuniary loss rather than relationship alone. Courts evaluate:

• Financial dependence on the deceased person
• Loss of wages, benefits, and household contributions
• The decedent’s age, health, and earning capacity

This framework makes accurate financial documentation essential in wrongful death cases.

Who Is Legally Responsible for a Wrongful Death

Liability in wrongful death lawsuits must be proven through evidence rather than assumption. The legal review focuses on whether the at-fault party failed to exercise reasonable care and whether that failure caused the person’s death. In Brooklyn wrongful death cases, liability may involve an individual, a business, a medical provider, an employer, or a property owner, depending on how the fatal incident occurred.

Responsibility is commonly proven through:

• Accident reconstruction and expert testimony that explains the cause of the fatal injuries.
• Review of safety rules, building codes, workplace regulations, or medical standards that apply to the situation.
• A detailed analysis of the defendant’s actions or omissions leading up to the death.

Because insurers frequently dispute fault, early evidence collection and careful legal preparation are central to wrongful death litigation.

Evidence That Strengthens Wrongful Death Claims in Brooklyn

Strong wrongful death cases rely on comprehensive evidence gathered as early as possible. Delays can result in lost records, faded witness recollection, or destroyed physical evidence. Attorneys focus on assembling a complete factual record before legal proceedings advance.

Key evidence may include:

• Medical records, autopsy reports, and cause-of-death documentation.
• Witness statements and surveillance or traffic camera footage.
• OSHA reports, workplace safety logs, or training records.
• Financial records supporting lost income and benefits.

This evidence forms the foundation for both liability and damages.

The Legal Process in Brooklyn Wrongful Death Lawsuits

Wrongful death lawsuits in Brooklyn are typically filed in Kings County Supreme Court. After filing, the case proceeds through discovery, during which both sides exchange documents, take depositions, and disclose expert opinions. Motion practice may address liability disputes, evidentiary issues, or damages.

Many wrongful death cases are resolved through negotiated settlements. Others proceed to trial when the responsible parties dispute fault or the value of the claim. Throughout this process, adherence to New York procedural rules remains essential.

The Impact of Wrongful Death on Families

A wrongful death often creates long-term financial instability alongside emotional loss. Families may lose a primary source of income, health insurance, or retirement benefits. Funeral expenses and final medical expenses frequently arrive while families are still coping with grief.

Wrongful death claims aim to address these measurable losses. While compensation cannot replace a loved one, it can provide financial security and accountability for preventable harm.

Deadlines for Filing Wrongful Death Claims in New York

New York imposes strict deadlines for wrongful death actions. Under EPTL § 5-4.1, most wrongful death lawsuits must be filed within two years from the date of death. Separate time limits may apply to related survival actions under EPTL § 11-3.2(b).

Additional deadlines apply when claims involve public entities. New York General Municipal Law § 50-e often requires a notice of claim to be filed within 90 days. Missing these deadlines can permanently bar recovery.

Compensation Available in Brooklyn Wrongful Death Cases

Wrongful death compensation in New York focuses on economic damages suffered by the deceased person’s estate and beneficiaries. Recoverable damages may include:

• Funeral costs and burial expenses
• Final medical expenses related to the fatal injury
• Lost wages and employment benefits
• Loss of parental care and household services

In limited cases involving egregious misconduct, punitive damages may be available.

How Courts Calculate and Distribute Wrongful Death Compensation

Courts rely on financial documentation and expert testimony to calculate damages. Economists often project future earnings based on work history, education, and career trajectory. Distribution among surviving family members follows statutory rules and court supervision to ensure fair allocation.

Incomplete financial proof can significantly reduce the value of a wrongful death claim.

How Legal Representation Protects Wrongful Death Claims

Families facing a wrongful death often look for legal representation that acts with precision and accountability. At Sakkas, Cahn & Weiss, LLP, our attorneys take direct responsibility for each case from start to finish. Legal strategy, investigation, and communication remain with experienced lawyers rather than being delegated outside the core team.

Our work may include:

• Review of employment records to establish lost income and future earning capacity.
• Evaluation of household responsibilities and financial support provided by the deceased person.
• Collection of records that show dependency, caregiving roles, and family structure.
• Assessment of long-term effects on children related to care, supervision, and financial support.
• Organization of evidence into a clear framework suitable for negotiation or court review.

This process allows decision-makers to see how the death affected the family’s stability and future. By relying on documented facts and structured presentation, our attorneys pursue compensation that reflects the full scope of loss recognized under New York law.