Wrongful Death Accidents Lawyer
WRONGFUL DEATH ACCIDENT LAWYER BROOKLN, NY
Your family should never have to bury a loved one because of someone else’s carelessness, recklessness, or deliberate misconduct. When a preventable accident, a negligent driver, a dangerous property, or a defective product takes someone you love, the pain is immeasurable. On top of grief, families are left facing funeral costs, lost income, and an uncertain future. You deserve justice, and the responsible parties must be held accountable.
Our Brooklyn attorneys have been standing by grieving families since 2008. We handle every aspect of the legal process so your family can focus on healing. We pursue every dollar you are owed from every responsible party. You pay nothing unless we win.
$45M+
RECOVERED FOR CLIENTS
2008
ESTABLISHED IN BROOKLYN
$0
FEE UNLESS WE WIN
After the Accident
Steps to Take After Losing a Loved One to Negligence
The period following a wrongful death is overwhelming. Knowing what steps to take can protect your family’s legal rights during one of the most difficult times of your life.
Allow Yourself to Grieve First
Your family’s emotional wellbeing comes first. There is no expectation that you navigate legal matters alone or immediately. Our team is here to shoulder the legal burden so you do not have to.
Preserve Any Evidence Connected to the Incident
If possible, preserve any physical evidence, photographs, documents, or communications related to the accident or incident that caused your loved one’s death. Do not discard clothing, personal items, or any materials that may be relevant.
Request Copies of All Official Records
Obtain copies of the police report, accident report, medical records, and any other official documentation related to your loved one’s death as soon as they become available.
Do Not Speak to Insurance Companies Alone
Representatives from the responsible party’s insurer may contact your family quickly with condolences and settlement offers. Do not speak with them or accept anything before consulting with an attorney.
Contact Our Office as Soon as Possible
Wrongful death claims in New York carry strict filing deadlines. The sooner our attorneys get involved, the more time we have to investigate, preserve evidence, and build the strongest possible case for your family.
Common Causes
Common Causes of Wrongful Death in New York
Wrongful death claims arise whenever a person is killed as a direct result of another party’s negligence, recklessness, or intentional misconduct. Our firm handles wrongful death cases arising from a wide range of incidents.
Car and Truck Accidents
Negligent, distracted, drunk, or reckless drivers cause fatal collisions every day on Brooklyn’s roads. When a traffic accident takes a life, the at-fault driver and their insurer can be held accountable.
Construction Site Accidents
Falls from heights, falling objects, electrocution, and equipment failures on construction sites claim the lives of workers throughout New York City each year, often due to violations of Labor Law.
Medical Malpractice
Surgical errors, misdiagnosis, medication mistakes, and failures to treat can constitute medical negligence when a patient dies as a result of care that fell below the accepted standard.
Defective Products
When a dangerously designed or manufactured product causes a fatal injury, the manufacturer, distributor, and retailer may all face product liability claims brought by the surviving family.
Premises Liability
Property owners who fail to maintain safe conditions, including broken stairs, inadequate lighting, and unaddressed hazards, can be held liable when those conditions result in a fatal accident.
Motorcycle and Bicycle Accidents
Riders killed by negligent drivers have families who deserve full compensation for their loss. These cases often involve insurance companies that aggressively work to minimize payouts.
Nursing Home Negligence
Elderly residents who die as a result of neglect, abuse, medication errors, or inadequate care in a nursing home or assisted living facility may be the subject of a wrongful death claim.
Who Can File
Who Can File a Wrongful Death Claim in New York?
Under New York’s Estates, Powers and Trusts Law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate on behalf of the surviving family members. The individuals who may recover damages typically include:
- Surviving spouses
- Children of the deceased
- Parents of the deceased
- Siblings and other dependents in certain circumstance
If no personal representative has been appointed, our attorneys can assist your family in navigating the estate process to ensure a claim can be filed on your behalf.
Your Recovery
What Compensation Can Your Family Recover?
New York’s wrongful death statute allows surviving family members to recover economic losses resulting from the death. New York also recognizes a separate survival action allowing recovery for the conscious pain and suffering experienced by your loved one before death.
- Funeral and burial expenses
- Loss of financial support and income the deceased would have provided
- Loss of services, guidance, and parental care
- Medical expenses incurred prior to death
- Loss of inheritance the deceased would have accumulated
- Conscious pain and suffering experienced before death
- Emotional distress suffered by the deceased prior to passing
- Lost earnings from the time of injury to the time of death
Why Cherny & Podolsky
Brooklyn's Trusted Wrongful Death Law Firm Since 2008
We Fight for Families, Not Just Cases
We understand that no amount of money can replace the person you lost. Our attorneys pursue wrongful death claims with the seriousness, urgency, and compassion that every grieving family deserves. We are not just fighting for a settlement. We are fighting for accountability.
Over $45 Million Recovered
Our track record speaks for itself. We have secured millions in settlements and verdicts for injured clients and grieving families throughout Brooklyn and the greater New York area.
Locally Rooted in Brooklyn
We are a Brooklyn law firm at 2681 East 14th Street, not a national referral service. We know the local courts, the judges, and the opposing parties who handle these cases in New York.
Multilingual Legal Team
Our staff serves clients in English, Russian, Spanish, and more. Every family deserves to fully understand their rights and their options during this process, and we make sure they do.
No Fee Unless We Win
We handle all wrongful death cases on a contingency fee basis. Your family pays absolutely nothing upfront. Our fee comes only from the compensation we recover for you.
Direct Attorney Access
You will work directly with your attorney from your first call to your final resolution. No paralegals, no case managers, no runaround. Real legal counsel and genuine human support throughout the entire process.
Common Questions
Frequently Asked Questions
How long does a family have to file a wrongful death claim in New York?
In New York, a wrongful death lawsuit must be filed within two years of the date of death. This is a strict deadline and missing it will permanently bar your family from recovery. However, certain circumstances such as government involvement may require a Notice of Claim to be filed within 90 days. Do not wait. Contact our office as soon as possible to protect your family’s rights.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for the losses they personally suffered as a result of the death, including lost financial support and funeral expenses. A survival action is brought on behalf of the deceased’s estate and seeks compensation for the harm the deceased personally experienced before dying, including conscious pain and suffering and lost earnings from the time of injury to death. In many cases both claims are filed simultaneously to maximize total recovery.
What if the person responsible for the death was also killed in the accident?
You may still be able to pursue a claim against the deceased party’s estate and their insurance coverage. Our attorneys will identify all available insurance policies and liable parties to ensure your family is not left without recourse simply because the at-fault individual is also deceased.
Can a family file a wrongful death claim if the death resulted from medical malpractice?
Yes. Medical malpractice wrongful death claims follow the same two-year statute of limitations as other wrongful death cases in New York, though the date from which the clock begins to run can be complex depending on the facts of the case. These cases require expert medical testimony and thorough investigation. Our attorneys have experience handling fatal medical malpractice claims and will guide your family through every step of the process.
What if our loved one was partially at fault for the accident that caused their death?
New York’s pure comparative negligence rule applies to wrongful death cases. Your family may still recover compensation even if your loved one shared some responsibility for the accident. The total recovery will be reduced by the percentage of fault attributed to the deceased, but your family is not barred from pursuing the claim. Our attorneys will work to minimize any fault attributed to your loved one and maximize the compensation your family receives.
How much is a wrongful death case worth in New York?
The value of a wrongful death claim depends on many factors including the age of the deceased, their earning capacity, the financial dependence of surviving family members, the circumstances of the death, and the number of parties who share liability. Cases involving the loss of a primary earner or a parent of young children can result in significant recoveries. We offer free consultations to give your family a thorough and honest evaluation of your specific situation.
Lost a Loved One Due to Someone Else's Negligence?
Do not face this alone. The responsible parties and their insurance companies are already working to limit what they pay. Your family deserves an attorney who will fight just as hard in the other direction. The sooner our team gets involved, the stronger your family’s case will be.
Call us today for a free, compassionate consultation. We will listen to what happened, answer every question you have, and walk your family through every option available with no pressure and no upfront cost.
