Losing a loved one without warning is one of the most painful experiences a family can endure. In the days and weeks that follow, you may find yourself facing mounting bills, lost household income, and financial uncertainty. It can feel overwhelming.
New York law gives surviving family members the right to seek compensation when a death results from someone else’s negligence. Our wrongful death lawyers in Brookhaven can examine the facts of your case and help your family pursue the full value of your claim.
At Levine And Wiss, our team has recovered hundreds of millions of dollars for victims and their families. Reach out today to schedule a free consultation and find out how our personal injury lawyers in Brookhaven will help your family get the justice you deserve.
When Is a Death a Wrongful Death?
New York law defines a wrongful death as one caused by the negligent, reckless, or intentional conduct of another party. The legal standard requires that the deceased would have had a valid personal injury claim had they survived.
Common examples of wrongful deaths include:
- Car accidents caused by speeding, distracted driving, drunk driving, or reckless behavior are among the leading causes of wrongful death claims.
- Crashes involving commercial trucks or tractor-trailers often result in fatal injuries due to the sheer size and weight of the vehicles involved.
- Motorcyclists are highly vulnerable on the road, and accidents caused by other drivers’ negligence frequently prove fatal.
- Surgical errors, misdiagnoses, medication mistakes, and failures to treat can all lead to a patient’s death due to a healthcare provider’s negligence.
- Dangerous property conditions, such as wet floors, broken stairs, or uneven surfaces, can cause fatal falls, particularly among elderly individuals.
- Faulty vehicles, dangerous machinery, or unsafe consumer products can cause fatal injuries, giving rise to product liability claims.
- Walkers struck by negligent drivers, especially in crosswalks or school zones, suffer some of the most severe and fatal injuries.
Our wrongful death attorneys in Brookhaven can explain what to do if you suspect a wrongful death. We will stand by your side through this tough time and help your family get the closure and justice you need.
Why Working With an Attorney Matters
After your loved one passes, the at-fault party’s insurance company may reach out to you with a settlement offer that sounds reasonable. However, their adjusters are trained to minimize payouts, and their offer may fall well short of what you are actually owed.
Accepting their offer typically closes the door on any future recovery, even if your family’s financial needs grow over time. Once that paperwork is signed, there is usually no going back. Insurers know what the claim is worth, but they are hoping you don’t.
You shouldn’t have to deal with this when you are hurting. Our team will make sure you and your family are treated fairly by insurance companies. We will deal with insurers on your behalf and manage your claim while you and your family take the time you need to grieve.
Brookhaven Wrongful Death Lawyer Near Me
(888) 468-4878Damages You May Recover After a Wrongful Death
A successful wrongful death lawsuit can provide meaningful financial relief during an incredibly difficult time.
Recoverable damages may include:
- Lost earnings and benefits the deceased would have contributed over the course of their working life
- Household services they provided, such as childcare, home repairs, or caregiving for other family members
- Medical costs incurred as a direct result of the injury that led to the death
- The funeral and burial expenses that the family paid
New York law does not allow families to claim compensation for grief or emotional suffering in wrongful death cases. However, the estate of the deceased can file a survival action to seek compensation for the pain and suffering that the deceased experienced before passing away.
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Establishing Fault in a Wrongful Death Case
Proving fault in a wrongful death case follows the same basic framework as a personal injury claim. You need to show that another party had a duty of care, that they breached it, and that the breach caused the death.
Our Brookhaven wrongful death lawyers will review evidence to establish what happened and who was responsible. We will work to identify all liable parties and sources of compensation.
Under CPLR § 1411, New York follows a pure comparative fault rule. That means if the deceased was partially at fault, you may still recover damages. However, any damages awarded may be reduced by their percentage of responsibility.
Talk to Our Wrongful Death Attorneys in Brookhaven
No family should have to deal with insurance companies and the legal system after the sudden loss of someone they love. If your loss stems from another party’s negligence, the financial consequences can make an already devastating situation even worse.
Our wrongful death attorneys in Brookhaven are committed to helping families like yours find a path forward. We can find out what happened, identify every available avenue for recovery, and fight to secure the compensation your family deserves.
The team at Levine And Wiss has more than 100 years of combined legal experience, advocating for families who lost loved ones due to the actions of others. Call today to book a free, no-obligation consultation. We are ready to listen to your story.