Wrongful Death
Wrongful Death cases are among the most devastating experiences any family can face. When a person’s negligence, recklessness, or misconduct results in the loss of a loved one, surviving family members are left dealing with both emotional pain and financial hardship. A Wrongful Death Lawyer in Brooklyn NY can help families hold the responsible party accountable while seeking justice and fair compensation.
At Cherny & Podolsky PLLC, we understand that no amount of money can replace a loved one. However, pursuing a Wrongful Death claim can provide closure and financial stability to those left behind. Located at 2681 East 14th St, Brooklyn NY 11235, our firm has represented New Yorkers since 2008, helping families navigate these complex cases with compassion, dignity, and legal expertise.
Understanding Wrongful Death
A Wrongful Death is defined under New York Estates, Powers, and Trusts Law (EPTL §5-4.1) as a death caused by the wrongful act, neglect, or default of another person or entity. It gives the deceased person’s estate the right to bring a claim against the responsible party for the benefit of the surviving family members (New York State Senate, 2024).
In New York, only the personal representative of the deceased’s estate, often an executor or administrator, can file the lawsuit. This representative acts on behalf of surviving family members such as spouses, children, or dependents (Chaikin Trial Group, 2024).
Wrongful Death claims can arise from many types of negligence, including:
Car, motorcycle, or truck accidents
Medical malpractice
Construction or workplace accidents
Defective products
Criminal acts such as assault or drunk driving
Brooklyn NY, with its busy streets, constant traffic, and ongoing construction projects, unfortunately sees many accidents that could lead to these claims. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries rank among the leading causes of death in the United States (CDC, 2024).
Each Wrongful Death case is unique and requires careful legal analysis. Determining liability involves reviewing accident reports, medical records, and expert testimony. An experienced Wrongful Death Lawyer in Brooklyn NY can handle this process while providing the guidance families need during an incredibly painful time.
How Wrongful Death Affects Daily Life in Brooklyn NY
Losing a loved one to negligence affects every part of life. Beyond grief, families face sudden financial strain, emotional trauma, and major lifestyle adjustments. In Brooklyn NY, where the cost of living is high, the loss of a household income can create significant stress and uncertainty.
Families often find themselves dealing with unexpected medical bills, funeral expenses, and day-to-day financial challenges. When the deceased was the main provider, the financial impact can be devastating. Parents may struggle to maintain stability for their children, and surviving spouses may need to take on additional jobs or move homes.
Emotional suffering can be just as profound. The loss of companionship, guidance, and love leaves a void that no settlement can fill. Many families find that the legal process of seeking justice helps them find a sense of closure and purpose after the tragedy.
In a close-knit community like Brooklyn NY, a single wrongful death ripples far beyond the immediate family. Friends, neighbors, and coworkers all feel the impact. Seeking justice helps ensure accountability and can prevent similar incidents from occurring in the future.
Legal Remedies for Wrongful Death in Brooklyn NY
New York law allows families to recover both economic and non-economic damages in Wrongful Death claims. These remedies aim to provide financial stability and acknowledgment of emotional loss.
1. Economic Damages
Economic damages cover measurable financial losses caused by the death, such as:
Medical and hospital expenses related to the fatal injury
Funeral and burial costs
Loss of the deceased’s income, benefits, and future earnings
Value of household services, childcare, or elder care the deceased would have provided
2. Non-Economic Damages
While financial compensation cannot replace emotional loss, these damages recognize the pain and emotional suffering endured by surviving family members. They can include:
Loss of companionship, love, and guidance
Emotional anguish and mental suffering
3. Statutory Time Limits
Under EPTL §5-4.1, families have two years from the date of death to file a Wrongful Death lawsuit in New York (Porter Protects, 2024). Missing this deadline can prevent families from recovering compensation entirely, which is why immediate legal consultation is crucial.
4. Evidence and Case Building
Proving a Wrongful Death case involves demonstrating:
The defendant acted negligently or wrongfully,
That negligence directly caused the death,
Surviving family members suffered financial or emotional loss as a result.
At Cherny & Podolsky PLLC, we conduct comprehensive investigations by collecting evidence such as police reports, medical documentation, and expert witness testimony. We handle all communications with insurance companies and opposing counsel so families can focus on healing.
Our Approach at Cherny & Podolsky PLLC
At Cherny & Podolsky PLLC, we combine compassion with strategic legal experience. Since 2008, our firm has built a trusted reputation in Brooklyn and throughout New York City for handling Wrongful Death cases with integrity and dedication.
We start every case by listening. Every family’s story is different, and we take time to understand the emotional, financial, and practical challenges each client faces. We then create a personalized legal strategy designed to secure maximum compensation while treating every client with empathy and respect.
Our attorneys rely on an evidence-based approach. We consult medical experts, financial analysts, and accident reconstruction specialists to strengthen each claim. This ensures that every loss, whether emotional or financial, is documented and supported by credible evidence.
Communication is another cornerstone of our practice. We provide regular updates, explain every legal step clearly, and remain available for questions throughout the process. Our goal is to help you feel supported, informed, and confident as we pursue justice on your behalf.
Why Choose Cherny & Podolsky PLLC in Brooklyn NY
Choosing the right legal team after a wrongful death is one of the most important decisions a family can make. Here’s why so many families across Brooklyn, New York City, and nearby areas such as Queens, Staten Island, Jersey City, and Hoboken choose Cherny & Podolsky PLLC:
Proven Track Record: Over 15 years of experience representing families in Wrongful Death and personal injury claims.
Personalized Representation: Each client receives compassionate attention and tailored legal strategies.
Local Insight: Deep familiarity with Brooklyn’s courts, judges, and insurance defense tactics.
Contingency-Based Fees: You pay nothing unless we win your case.
Community Commitment: Located at 2681 East 14th St, Brooklyn NY 11235, we are proud to serve the people of Brooklyn and neighboring areas.
We are honored to stand beside families during the most difficult moments of their lives. Our dedication to justice, transparency, and empathy defines every case we take on.
Frequently Asked Questions
1. Who can file a Wrongful Death claim in New York?
Only the personal representative of the deceased person’s estate can file the claim, acting on behalf of the surviving family members. This process ensures fairness and consistency under New York law.
2. How long do I have to file a Wrongful Death claim?
New York generally allows two years from the date of death to file a Wrongful Death lawsuit. However, exceptions may apply in cases involving government entities or minors. It is best to consult a Wrongful Death Lawyer in Brooklyn NY as soon as possible.
3. What damages can families recover?
Damages can include funeral costs, medical bills, loss of income, and compensation for emotional suffering and loss of companionship. Each case is unique, and your attorney will assess every eligible loss.
4. What happens if criminal charges are also filed?
A civil Wrongful Death claim is separate from any criminal case. Even if criminal charges are brought, the family can still pursue a civil claim to seek financial compensation for their loss.
5. Where is your office located?
Cherny & Podolsky PLLC is located at 2681 East 14th St., Brooklyn, New York 11235. We represent clients throughout New York City, including Queens, Staten Island, and Manhattan, and across New Jersey in Hoboken and Jersey City. Visit our Contact Page to schedule your free consultation.
Contact Cherny & Podolsky PLLC Today
A Wrongful Death leaves behind more than grief, it leaves unanswered questions, financial burdens, and emotional wounds. At Cherny & Podolsky PLLC, we are here to help families in Brooklyn NY find answers, accountability, and peace of mind.
Our experienced attorneys handle each case with compassion and persistence, ensuring that every client receives fair representation and justice for their loved one’s loss. If you have lost someone due to another person’s negligence or misconduct, we are ready to stand by your side.
Visit Cherny & Podolsky PLLC or schedule your consultation here.
You can also visit our office at 2681 East 14th St, Brooklyn NY 11235.
