Brooklyn NY Wrongful Death Claims: How a Personal Injury Attorney Can Help Families
Losing a loved one because of someone else’s negligence or wrongful actions brings devastating emotional pain and financial strain. In Brooklyn, NY, families facing this loss may be entitled to seek compensation through a wrongful death claim. Such claims not only hold negligent parties responsible but also help families secure the financial resources they need during a difficult time.
This blog outlines how wrongful death claims work in New York, who is eligible to file, the types of compensation available, and how an experienced Brooklyn personal injury attorney can provide compassionate guidance while protecting your family’s rights throughout the legal process.
What Is a Wrongful Death Claim in New York?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s negligence, recklessness, or intentional harm. In New York, these claims are governed by the Estates, Powers & Trusts Law (EPTL) § 5-4.1 [1].
To file a wrongful death lawsuit in Brooklyn NY, a representative of the deceased’s estate must prove:
- A wrongful act or negligence caused the death
- The deceased could have filed a personal injury claim had they survived
- Surviving family members suffered financial losses due to the death
Common Causes of Wrongful Death in Brooklyn NY
Brooklyn’s dense population and infrastructure present risks across multiple environments. Some of the most common causes of wrongful death include:
- Car accidents, including pedestrian and cyclist fatalities
- Construction accidents, especially in high-risk areas like Downtown Brooklyn or Williamsburg
- Medical malpractice, such as misdiagnosis or surgical errors
- Slip-and-fall injuries on unsafe public or private property
- Defective products or machinery
- Nursing home negligence
Each situation requires a thorough investigation to determine who is liable and what damages may be recoverable.
Who Can File a Wrongful Death Claim in New York?
Unlike many states, New York law requires the personal representative of the deceased’s estate — not just any family member — to file a wrongful death claim [2].
This representative typically acts on behalf of eligible survivors, such as:
- The surviving spouse
- Children of the deceased
- Parents (if the deceased had no spouse or children)
- Other dependents or heirs, in rare circumstances
To initiate a claim, the estate must be formally opened in the local Surrogate’s Court, and an executor or administrator must be appointed.
Statute of Limitations: How Long Do You Have to File?
Timing is crucial in wrongful death cases. In New York, the standard statute of limitations for filing a wrongful death claim is two years from the date of death [3].
However, there are important exceptions:
- If a government agency (e.g., NYC Department of Transportation, NYPD, or MTA) is involved, you must file a Notice of Claim within 90 days and the lawsuit within one year and 90 days [4].
- If the at-fault party is also facing criminal charges, the clock may be paused until the criminal case concludes.
Missing the deadline can permanently bar your family from recovering compensation. Speak with a wrongful death attorney in Brooklyn as early as possible to preserve your rights.
What Compensation Can You Recover in a Brooklyn Wrongful Death Claim?
New York law only allows families to recover economic damages, not emotional pain or grief. That means compensation focuses on measurable financial loss [5].
Recoverable damages include:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost income, wages, and benefits
- Value of parental or household services the deceased provided
- Loss of inheritance
- Conscious pain and suffering the deceased endured before death (via survival action)
- Punitive damages in cases of egregious misconduct [6]
Calculating the full value of these losses requires careful documentation and expert analysis — especially when projecting future income or lost benefits.
How a Brooklyn Personal Injury Attorney Can Help Families
Wrongful death claims involve a complex mix of legal, financial, and procedural issues. A skilled Brooklyn personal injury attorney helps your family by handling every part of the process, from filing court papers to negotiating with insurers.
A local attorney can:
- Investigate the death thoroughly, using accident reports, surveillance footage, witness testimony, and expert evaluations
- Identify all liable parties, which may include drivers, employers, property owners, or manufacturers
- Handle all paperwork and deadlines, including filings in Surrogate’s Court and civil courts
- Negotiate fair settlements, backed by solid evidence and valuation models
- Represent your family in trial, if the case does not settle
Most importantly, a trusted attorney becomes an advocate for your family while you focus on grieving and healing.
Why Choose Cherny & Podolsky PLLC in Brooklyn NY?
At Cherny & Podolsky PLLC, we’ve spent years helping Brooklyn families recover compensation in wrongful death and injury cases. Our office on E 14th Street is deeply rooted in the community, and we understand the unique legal challenges New Yorkers face.
Here’s what you can expect when you work with us:
- Free case consultation
- Clear communication about your options and deadlines
- Experienced litigation team with local court knowledge
- No legal fees unless we win your case
Whether your case involves a car crash near Brighton Beach or medical negligence in Coney Island, we’ll handle your claim with skill and compassion.
Frequently Asked Questions (FAQs)
Q: Who can file a wrongful death claim in Brooklyn NY?
A: Only the personal representative of the deceased’s estate can file the claim, but it benefits close relatives such as the spouse, children, or parents [2].
Q: What if the person responsible wasn’t charged with a crime?
A: You can still file a civil wrongful death lawsuit even if no criminal charges were filed or the defendant was found not guilty [1].
Q: Can families recover damages for grief or emotional distress?
A: Unfortunately, no. New York law currently does not allow recovery for emotional suffering, though legislative changes have been proposed.
Q: What is the difference between wrongful death and survival actions?
A: A wrongful death claim compensates family members for their financial loss, while a survival action covers the decedent’s pain, suffering, and medical expenses before death [5].
Q: What is a Notice of Claim?
A: If your wrongful death case involves a government agency, you must file a Notice of Claim within 90 days of the incident or risk losing your right to sue [4].
What to Do if You Believe You Have a Wrongful Death Claim
If your loved one’s death was caused by negligence or wrongdoing, don’t wait. Here are your next steps:
- Contact a Brooklyn wrongful death lawyer immediately to review the facts
- Collect key documentation, including the death certificate, medical records, and police reports
- Open the estate in Surrogate’s Court so a personal representative can be appointed
- Avoid speaking to insurance adjusters without legal advice
Our team at Cherny & Podolsky PLLC is ready to help you take action and protect your family’s rights.
Local Support You Can Trust
Whether you’re in Gravesend, Manhattan Beach, or Midwood, your family deserves justice and peace of mind. At Cherny & Podolsky PLLC, our Brooklyn, NY personal injury attorneys provide dependable legal support when you need it most. We handle each case with professionalism and care, and we don’t charge a fee unless we recover compensation for you.
