Brooklyn Wrongful Death Lawyer

When a loved one dies due to someone else’s negligence, families face both emotional devastation and financial hardship. A wrongful death claim allows surviving family members to seek compensation for their loss. Parker Waichman LLP represents families throughout Brooklyn and New York who have lost loved ones in fatal accidents, helping them hold responsible parties accountable and recover the compensation they deserve.

Why Choose Parker Waichman LLP for Your Wrongful Death Case

Losing a family member is devastating. You need an attorney who understands your pain and fights for your rights. Parker Waichman LLP has recovered over $2 billion for clients across all practice areas. Our team includes 20+ experienced attorneys with decades of combined experience in personal injury law.

Our founding partners bring 40+ years of experience handling fatal accident cases. We have a track record of substantial settlements and verdicts in wrongful death matters. Most importantly, we work on a contingency fee basis—you pay no attorney’s fees unless we obtain compensation for you.

Our clients trust us. We maintain a 4.8/5 rating from 549 client reviews. We have 7 office locations serving clients nationwide. This means we can help you no matter where you are.

Attorney Credentials and Recognition

Jerrold S. Parker, our founding partner, has handled wrongful death cases for over 40 years. He has earned recognition from Best Lawyers in America since 2010. Martindale-Hubbell has given him an AV Preeminent 5.0/5.0 rating. Law Dragon has awarded him a Five Dragon Rating.

Our attorneys have recovered substantial compensation in fatal accident cases. We obtained a $10 million settlement in an auto accident case involving a Canadian family with brain damage and multiple fractures. We secured a $6.2 million settlement for a construction worker with permanent disabilities. We recovered $5 million in a medical malpractice case involving a surgical error.

What Is a Wrongful Death Claim in Brooklyn?

A wrongful death claim is a lawsuit filed when someone dies due to another person’s negligence or intentional conduct. The claim seeks compensation for the family members left behind. New York law allows certain family members to recover damages for their financial losses. According to the New York Estates, Powers and Trusts Law (EPTL § 5-4.1), wrongful death claims must be filed within two years of the death.

Understanding Wrongful Death vs. Personal Injury

A personal injury claim is filed by the injured person. A wrongful death claim is filed by surviving family members after someone dies. The key difference is who brings the lawsuit and who receives compensation.

To win a wrongful death case, you must prove four things. First, the defendant owed a duty of care to the deceased. Second, the defendant breached that duty. Third, the breach caused the death. Fourth, the family suffered damages as a result.

New York law limits wrongful death damages to pecuniary losses. This means you can recover money for financial losses. You cannot recover for grief, emotional suffering, or loss of companionship. However, you can recover for funeral expenses, medical bills, lost wages, and loss of financial support.

Common Causes of Wrongful Death in Brooklyn

Wrongful death cases arise from many types of accidents. Common causes include:

• Motor vehicle accidents (cars, trucks, motorcycles)
• Medical malpractice and surgical errors
• Construction site accidents and falls
• Premises liability (slip and fall, inadequate security)
• Workplace accidents and injuries
• Defective products and equipment
• Assaults and violent acts (civil claims such as negligent security)
• Nursing home negligence and abuse

Each case is unique. The circumstances of the death determine what compensation may be available.

Who Can File a Wrongful Death Claim in Brooklyn?

Not everyone can file a wrongful death claim. New York law limits who has the right to bring this type of lawsuit. Understanding who can file is important for your case.

Eligible Beneficiaries Under New York Law

The personal representative of the deceased’s estate brings the wrongful death claim. This is typically the executor named in the will or appointed by the court. The personal representative files the lawsuit on behalf of eligible beneficiaries.

Eligible beneficiaries include the spouse of the deceased. Children of the deceased can also recover. Parents of the deceased may be eligible if the deceased had no spouse or children. Siblings may recover in limited circumstances. The personal representative can also recover on behalf of the estate.

Each beneficiary’s share depends on their relationship to the deceased and their financial dependence on them.

The Two-Year Statute of Limitations

You have two years from the date of death to file a wrongful death claim in New York. This deadline is strict. If you miss it, you lose your right to sue. Under EPTL § 5-4.1, this statute of limitations is a critical deadline that cannot be extended in most circumstances.

Some situations may extend this deadline. For example, if the defendant leaves New York, the clock may pause. If the deceased was a minor, the deadline may be extended. However, these exceptions are rare and complicated.

Do not wait to contact an attorney. The sooner you act, the better. Evidence can disappear. Witnesses’ memories fade. We can help you meet all deadlines and protect your rights.

Damages Available in Brooklyn Wrongful Death Cases

New York law allows families to recover several types of damages in wrongful death cases. Understanding what compensation is available helps you know what to expect. Under EPTL § 5-4.3, recoverable damages include both economic and certain non-economic losses.

Funeral and burial expenses are recoverable. These costs can be substantial. We help families recover every dollar spent on these necessary expenses.

Medical expenses incurred before death are recoverable. If the deceased received medical treatment after the accident, those bills can be included in your claim.

Lost wages and lost earning capacity are major components of wrongful death damages. If the deceased was working, you can recover the wages they would have earned during their lifetime. We calculate this based on age, health, work history, and earning potential.

Loss of financial support is recoverable. If the deceased provided financial support to family members, you can recover the value of that support. This includes money for housing, food, education, and other necessities.

In rare cases, punitive damages may be available. These are damages meant to punish the defendant for particularly reckless or intentional conduct. Punitive damages are not common in wrongful death cases, but they may apply in certain situations.

How Parker Waichman LLP Handles Your Wrongful Death Case

We understand the process can feel overwhelming. Our team guides you through each step. We handle the legal work so you can focus on your family.

First, we meet with you for a free consultation. We listen to your story and answer your questions. We explain your rights and options. We discuss what compensation may be available in your case.

Next, we conduct a thorough investigation. We gather police reports, medical records, and witness statements. We visit the accident scene if necessary. We identify all responsible parties. We review insurance coverage and assets available for recovery.

We work with expert witnesses as needed. Medical experts can explain how the accident caused death. Accident reconstruction experts can show how the accident happened. Economic experts can calculate lost wages and financial support.

We negotiate with insurance companies and defendants. Most wrongful death cases settle without going to trial. We work hard to obtain fair compensation through settlement. If settlement is not possible, we prepare your case for trial.

Throughout the process, we keep you informed. We answer your questions. We explain developments in your case. We make sure you understand all decisions before we proceed.

Frequently Asked Questions About Wrongful Death in Brooklyn

How long does a wrongful death case take?

Most wrongful death cases take one to three years to resolve. Some cases settle quickly. Others take longer if the defendant disputes liability or damages. Cases that go to trial may take additional time. We work as efficiently as possible to resolve your case.

What is the average wrongful death settlement in New York?

There is no average settlement amount. Each case is unique. The settlement depends on the deceased’s age, earning capacity, and life expectancy. It depends on the severity of the defendant’s conduct. It depends on available insurance coverage. We evaluate your specific circumstances to estimate potential compensation.

Can I file a wrongful death claim if the death was partially my loved one’s fault?

Yes. New York has a comparative negligence law. If the deceased was partially at fault, you can still recover. However, your compensation is reduced by the deceased’s percentage of fault. For example, if the deceased was 20% at fault, your recovery is reduced by 20%. We help you understand how this applies to your case.

Do I need to file a criminal case before filing a wrongful death lawsuit?

No. Civil and criminal cases are separate. You do not need to wait for a criminal case to be resolved. You can file a wrongful death lawsuit immediately. A criminal conviction can help your civil case, but it is not required.

What if the person responsible doesn’t have insurance?

We investigate all sources of compensation. We look for personal assets, business insurance, and other coverage. We may pursue claims against multiple defendants. We explore all options to maximize your recovery.

How much does it cost to hire a wrongful death attorney?

You pay no attorney’s fees unless we obtain compensation for you. We work on a contingency fee basis. You also pay no case costs upfront. Case costs and expenses are explained in the retainer agreement. If we do not recover compensation, you owe nothing.

What evidence do I need for a wrongful death claim?

We gather the evidence needed for your case. We obtain police reports and accident scene photos. We collect medical records and autopsy reports. We interview witnesses. We work with experts to analyze evidence. You do not need to gather evidence yourself. We handle this for you.

Contact Parker Waichman LLP for a Free Wrongful Death Consultation

Losing a loved one is one of life’s greatest hardships. You do not have to face this alone. Parker Waichman LLP is here to help. We offer a free consultation to discuss your case and your options.

Call (718) 554-8055 today. We serve families throughout Brooklyn, New York, and beyond. We are ready to fight for the compensation your family deserves.