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Most Common Types of Wrongful Death Cases
- Automobile Accidents
- Airplane Crashes
- Medical Negligence
- Faulty Products
- Workplace Accidents
- Nursing Homes
Car Accidents
When it comes to wrongful death, car crashes are one of the most common causes. Numerous car accidents happen every day in Brooklyn, and they often lead to serious harm. Car crashes frequently result from speeding, reckless driving, distracted driving, road defects, drunk driving, and auto defects.
Truck Accidents
Truck accidents are very different from car crashes. Due to their large size, trucks are more likely to cause fatalities. Semi-truck accidents can be caused by aggressive driving, driver error, overweight loads, trucking company carelessness, vehicle defects, and drunk driving.
Motorcycle Accidents
Motorcycle accidents often happen when other drivers fail to see motorcyclists. Brain injuries, spinal cord injuries, back injuries, paralysis, neck injuries, burn injuries, and broken bones are some of the common injuries that result from motorcycle accidents.
Workplace Accidents
Workplace accidents often happen in mines, construction zones, and manufacturing plants. People working in dangerous conditions are more prone to severe injuries. Some common workplace accidents include falls, being caught in machinery, and being struck by objects.
Drowning Accidents
A drowning accident may occur in Brooklyn — at your home or a friend’s home. If a swimming pool is faulty, the owner could be held liable for a wrongful death claim.
Defective Products
A faulty product can be dangerous to its user. Defective products include defective vehicles, drugs, and contaminated food. Manufacturers should focus on producing safe products; if a manufacturer creates a defective product that harms its user, the manufacturer may be held liable for any fatality the product causes.
How You Can Recover Compensation in a Wrongful Death Lawsuit
- Loss of income, including future income
- Loss of an expected standard of living
- Pain and suffering
- Loss of legacy
- Medical expenses
- Funeral expenses
- Mental suffering
- Loss of a support system
- Collective damages
- Loss of companionship
- Loss of a family member
Medical Malpractice
Medical professionals are expected to perform their duties competently. Medical negligence occurs when an individual is harmed as a result of a medical provider’s carelessness. A misdiagnosis, medication error, or surgical mistake could all lead to a fatal outcome.
Wrongful death cases can also be difficult because of the misconceptions people often have about what can — and cannot — be achieved through them. For example:
The deceased’s medical and funeral expenses can be reimbursed. Even though the deceased is no longer alive, a wrongful death suit can be filed on their behalf to seek compensation for these costs. For instance, if the deceased was transported by ambulance and hospitalized for several days before passing, those medical bills and the subsequent funeral or burial expenses may be recoverable.
Who Can File a Claim
Almost any adult over the age of 18 can file a wrongful death suit on behalf of an estate, though family members and close friends are usually the ones who do so. In making such a claim and seeking compensation, the person filing acts on behalf of the deceased.
Only certain immediate family members can be compensated for losses such as the loss of companionship and their own pain and suffering. The rules governing who may claim compensation after a wrongful death are set by law. Non-economic damages can also depend on circumstances such as the age of a surviving child. These rules are complex, so it’s best to confirm your eligibility with an attorney.
Facts About Wrongful Death
Family members — including the deceased’s parents, spouse, and children — can file wrongful death lawsuits on behalf of the deceased.
Many factors are evaluated to determine the value of a life lost. The court bases this on several considerations, including the income earned at the time of death and the estimated income over the following years. It also weighs the person’s overall potential, including their community, lifestyle, and activities.
How These Cases Are Heard
Wrongful death matters are often heard without a jury. The plaintiff’s lawyers argue that the defendant is responsible for the death by presenting evidence to support their case. If the lawyer proves it, a financial settlement may follow.
Pain and suffering can affect the outcome. Some deaths occur immediately, while others follow medical intervention, pain, and suffering. For example, if your loved one endured multiple surgeries, treatment sessions, or a reduced quality of life after their injury, it can affect the resolution of the case. These medical costs and the associated suffering may also be reimbursed.
Statute of Limitations
There is a statute of limitations within which a wrongful death proceeding must be filed. Each state has different laws regarding this deadline. Talk to a local lawyer to determine whether your case can still be brought.
Representatives who file wrongful death claims can recover both economic and non-economic damages on behalf of the family. Economic damages include medical and funeral expenses, loss of household services, loss of support and income, and loss of inheritance prospects. If a working parent with a child dies, the child may recover for the loss of parental guidance. Plaintiffs may need to retain a qualified economist to estimate the deceased’s life expectancy, lost income, and other losses.
Loss of Future Earnings
The court considers both current and potential future earnings. Non-economic damages, such as pain and suffering, can also be recovered, and damages may include interest from the date of death. In some states, additional damages may be awarded where the death resulted from violent conduct or the defendant’s gross negligence, though most states do not allow punitive damages in these cases.
Survivor Claims
Survivors of the deceased can pursue a survival action even when the deceased did not die immediately. This type of claim allows the deceased’s estate to recover for the conscious pain and suffering the deceased experienced before death. The court may examine, among other things, the degree to which the deceased was aware, the severity of the pain, and the deceased’s perception of imminent death.
How Much Are Wrongful Death Settlements?
Wrongful death settlements often reach $500,000 or more, though your case may settle for more or less than average. The purpose of a wrongful death settlement is to fairly compensate for the loss of quality of life, loss of companionship, and loss of income.
There are several steps you need to take to obtain a fair settlement in New York.
Establish Standing
Make sure you have the legal right to bring the case, and file it with the proper court.
Draft Your Complaint
Your written court document is essential. When claiming compensation, you must comply with the law and accurately establish the legal basis for your claim.
Assess Your Case
Many types of compensation can be claimed in a wrongful death case. Working with an experienced attorney is essential to evaluate your claim fully.
File a Strong Case
A wrongful death claim is won on evidence. The stronger you build your claim, the stronger your position will be when it comes time to negotiate a settlement.
Settlement Negotiations
Settlement negotiations require skill and patience. You need to know when to accept an offer and when to take your case to trial.
How Do You Prove Wrongful Death in Brooklyn?
If someone’s negligence causes an accident that leads to a death, the following elements must be shown:
- Duty of care: The at-fault party owed a duty to the deceased. For example, drivers must drive safely and obey traffic laws.
- Breach of duty: The party violated that duty — for example, by driving at a dangerous speed.
- Causation: There is a direct link between the breach and the death. If a driver’s excessive speed causes a crash, that directly leads to the resulting injury and death.
If you have lost someone due to another person’s carelessness, you don’t have to carry the burden alone. You should speak with a compassionate wrongful death lawyer in Brooklyn who understands your case. With years of experience, Brooklyn Injury Attorneys, P.C. can help you through a devastating loss and pursue the compensation you deserve. Our law firm is ready to assist you and provide the legal support you need.
Contact Brooklyn Injury Attorneys, P.C. today for your free consultation.