Best Wrongful Death Lawyers in Brooklyn

About Wrongful Death Law in Brooklyn, United States

Wrongful death law covers civil claims brought when a person dies because of another partys negligence, intentional act, or wrongful conduct. In Brooklyn - which is Kings County, New York - wrongful death claims are governed primarily by New York State statutes and court decisions. Two distinct types of civil claims commonly arise after a death: a wrongful death action brought by the decedents personal representative on behalf of the decedents distributees to recover pecuniary losses, and a survival action brought on behalf of the decedents estate to recover losses the decedent suffered before death. Brooklyn plaintiffs may sue individuals, private companies, and governmental entities, but claims against a government agency are subject to additional notice and timing rules.

Why You May Need a Lawyer

Wrongful death cases often involve complex legal and factual issues. A lawyer can help in many situations, including when:

- The circumstances of the death are disputed or involve multiple possible defendants.

- The death involves a government employee or city property, which triggers special notice and filing requirements.

- The case requires expert proof, such as medical experts, accident reconstruction, or forensic accountants to establish liability and damages.

- Insurance companies are involved and initial settlement offers undervalue the losses or try to deny responsibility.

- You need help distinguishing and pursuing both a wrongful death claim for survivors and a survival action for the estate.

- There are questions about who the rightful plaintiffs are, or disputes among heirs or distributees.

An experienced wrongful death attorney can investigate the facts, preserve and collect evidence, identify all responsible parties, calculate fair damages, comply with procedural deadlines, and negotiate or litigate to protect the families financial and legal rights.

Local Laws Overview

Key legal aspects relevant to wrongful death cases in Brooklyn include:

- Governing statutes - New York law creates wrongful death and survival actions under state statutes and case law. These statutes define who may bring a claim, what kinds of damages are recoverable, and how recovery is distributed.

- Who can file - The decedents personal representative typically brings wrongful death and survival claims on behalf of the estate and the decedents distributees. Distributees commonly include a surviving spouse, children, parents, and other persons entitled to share in the decedents estate under state law.

- Types of recoverable damages - Wrongful death claims generally allow recovery for pecuniary losses that survivors suffer because of the death. These may include loss of financial support, loss of services and consortium, and funeral and burial expenses. A survival action may allow recovery for the decedents pre-death pain and suffering, medical expenses, and wages lost before death.

- Comparative fault - New York follows a pure comparative negligence rule. If the decedent or survivors bear some responsibility for the incident, the recoverable damages may be reduced in proportion to that fault.

- Statute of limitations - Time limits apply to wrongful death and survival actions. In New York, these time limits are relatively short, so it is important to act quickly. There are also special timing rules for suits against government entities.

- Suits against government entities - If the death involves the City of New York, another municipal entity, or a public employee, special procedures apply. For example, a written Notice of Claim usually must be served on the municipal defendant within 90 days of the incident that caused the death. Failure to comply with municipal notice requirements can bar a claim. The time to file a lawsuit against a municipality is generally shorter than for private defendants, so prompt action is crucial.

- Venue and local courts - Wrongful death suits in Brooklyn are typically filed in Kings County Supreme Court. Probate and administration matters such as appointing a personal representative may involve the Kings County Surrogate's Court.

Frequently Asked Questions

What is the difference between a wrongful death action and a survival action?

A wrongful death action seeks compensation for the financial and related losses suffered by the decedents survivors or distributees. A survival action is brought on behalf of the decedents estate to recover losses the decedent personally suffered before death, such as medical bills and pain and suffering. Both actions can be pursued together by the decedents personal representative.

Who is allowed to file a wrongful death claim in Brooklyn?

Typically the decedents personal representative or executor files wrongful death and survival claims. The damages recovered in a wrongful death action are then distributed to the decedents distributees according to New York intestacy rules or the decedents will. If you believe you are a distributee or the proper representative, consult a lawyer or the surrogate court for guidance.

How long do I have to file a wrongful death lawsuit?

Time limits vary depending on the facts and the defendant. New York law imposes statutes of limitations that can be relatively short. Claims against government entities have special notice and filing deadlines that are often stricter. Because missing a deadline can permanently bar a claim, you should consult an attorney promptly to determine the exact time limits that apply to your case.

What damages can survivors recover?

Survivors may recover pecuniary losses such as lost financial support, loss of services and consortium, and funeral and burial expenses. The estate may recover medical expenses and the decedents pain and suffering prior to death through a survival action. Punitive damages are available only in limited circumstances involving particularly egregious conduct.

Can I sue the city if my family member died because of city negligence?

Yes, but claims against the City of New York or other municipal entities require strict compliance with special rules. A written Notice of Claim must generally be served within a short window after the incident, often 90 days. The time to start a lawsuit after that notice is also limited. Missing these requirements can prevent you from suing the city, so seek legal help immediately.

Do criminal charges against the person responsible affect a civil wrongful death case?

Civil claims are separate from criminal prosecutions. A criminal conviction can sometimes help a civil wrongful death case by establishing certain facts, but it is not required to win a civil claim. Civil claims use a lower burden of proof - preponderance of the evidence - compared with criminal cases, which require proof beyond a reasonable doubt.

How much does a wrongful death lawyer cost?

Many wrongful death attorneys handle cases on a contingency-fee basis, meaning the attorney is paid a percentage of any recovery and there is no fee if there is no recovery. Costs for experts and court filing fees may be handled as part of the contingency arrangement or advanced by the lawyer and reimbursed from the recovery. Discuss fee arrangements and costs at the first consultation.

What evidence is important in wrongful death cases?

Useful evidence can include medical records, autopsy reports, police or accident reports, witness statements, photographs, video, employment and wage records, and expert testimony. If the death involved a workplace accident, OSHA or employer reports can be important. Preserving evidence promptly is essential because physical evidence and witness memories can deteriorate over time.

What if multiple parties caused the death?

You may be able to sue multiple defendants, including individuals, companies, and government entities. New York law allows recovery from multiple responsible parties, and damages may be apportioned according to each parties share of fault. An attorney can identify all potentially liable parties and coordinate claims against each of them.

How long will the case take to resolve?

Case length varies widely. Some cases settle within months if liability is clear and insurance coverage is adequate. Complex cases that go to trial can take a year or several years to resolve. Factors affecting timing include the need for expert analysis, discovery disputes, court schedules, and whether municipal defendants are involved. Your attorney can provide a realistic timeline based on the specific facts of your case.

Additional Resources

Consider contacting or using information from the following local and state resources when pursuing a wrongful death matter in Brooklyn:

- Kings County Surrogate's Court - for information about appointing a personal representative or probate procedures.

- Kings County Supreme Court - civil filings for wrongful death litigation generally occur in the Supreme Court.

- New York State Unified Court System - for court forms, local rules, and general procedural information.

- New York City Office of Chief Medical Examiner - for autopsy reports and investigation into deaths that occur under certain circumstances.

- New York State Department of Health or New York City Department of Health - for obtaining official death certificates.

- Brooklyn Bar Association and New York State Bar Association - for lawyer referral services and guidance on selecting counsel.

- Legal Aid Society and local legal clinics - for advice if you cannot afford a private attorney or need help locating resources.

- Local victim assistance or bereavement support organizations - for emotional and practical support during the legal process.

Next Steps

If you are considering a wrongful death claim in Brooklyn, these steps can help protect your rights and preserve your options:

- Get basic documents together - collect the death certificate, medical records, police or incident reports, employment and wage records, insurance information, and any photographs or videos.

- Preserve evidence and witnesses - make notes about how the incident happened, preserve any physical evidence, and obtain contact information for witnesses as soon as possible.

- Obtain an autopsy or medical examiner report if available - this can establish cause of death and relevant medical facts.

- Contact an experienced wrongful death attorney promptly - an attorney can assess your legal options, explain deadlines, and begin an investigation. Ask about contingency-fee arrangements and whether the attorney has experience with municipal claims if the city may be responsible.

- If the incident involves a government entity, be aware of short notice requirements and ask your attorney about filing a Notice of Claim immediately.

- Consider support services - wrongful death matters are emotionally difficult. Seek counseling and community or victim-support resources while the legal process proceeds.

Acting quickly preserves legal rights and evidence. Even if you are unsure whether you have a case, a consultation with a local attorney can clarify options and deadlines so you can make informed decisions.