Death is inevitable, but the sudden shock of the death of your oved one that occurred because of someone else’s negligence is so much harder to deal with emotionally. That’s why there are legal terms and laws that help you deal with them.
Understanding Wrongful Death
A wrongful death is when someone dies because of someone else mistake or negligence, it can be intentional and unintentional, but either way one must have to pay the price of their wrongful act. In Brooklyn, as in other jurisdictions, specific legal requirements and procedures must be followed to file a successful wrongful death claim.
Types of Wrongful Death
Wrongful death in law is a very vast topic but for now we can enlist few of them. Which are:
- Medical malpractice: If a healthcare professional’s mistake led to the death of the patient that’s when it’s known as medical malpractice.
- Car accidents: When a driver’s negligence causes a fatal collision that’s known as this type.
- Workplace accidents: When an unsafe working conditions or an employer’s negligence result in a worker’s death that are known as workplace accidents.
- Construction accidents: Construction site safety is very necessary and when that’s not done, and it causes a worker’s fatal injury that is known as construction site accident.
- Product liability: When a defective product causes a person’s death that falls under product liability.
- Intentional acts: When a person is intentionally killed by another.
Eligibility to file for a Wrongful Death Claim
The eligibility to file for a wrongful death claim varies from region to region. But if we take Brooklyn, New York then the claim should normally be submitted by the dead person’s personal representative. Other than that, close family which are offspring, parents, partners and siblings.
Damages Recoverable in Wrongful Death Cases
If a wrongful death claim is successful, the person who claimed that or the surviving family members may get to recover the damages to various loses, including:
- Loss of financial support: The income of the deceased person that they would have earned if they were alive.
- Loss of companionship: The emotional and social support the deceased person would have showered his loved ones with, if they were alive.
- Loss of services: The household services the deceased person would have performed if they were alive.
- Pain and suffering: The physical and emotional pain the deceased person experienced before their death.
- Punitive damage: In some cases, punitive damages may be granted to discourage future offenses.
The Wrongful Death Claim Process
Filing a wrongful death claim in Brooklyn involves several key steps:
- Retaining a Lawyer: Consulting a lawyer is the most important part of dealing with anything legal.
- Investigation and Evidence Gathering: The lawyer will investigate to gather evidence to prove your wrongful death.
- Filing the Complaint: Once the investigation is complete, the attorney will file a complaint with the court.
- Discovery Phase: During the discovery phase, both sides change their information related to the case from their point of view.
- Settlement Negotiations or Trial: In many cases, the parties may try to resolve the wrongful death claim through settlement negotiations, that are done outside of the court. If a settlement cannot be made the case can go to court.
Filling a wrongful death claim in Brooklyn, New York can be complex and difficult to deal with. That’s why you need to be aware of your situation and hire a good personal injury lawyer. And be aware of time limitations on wrongful death cases I New York, so that you don’t miss the chance to be eligible to file for the case.
If you want to have a free consultation with a Personal Injury Lawyer in Brooklyn, then call now at (718) 414-6642.
What is the Wrongful Death Claim Process in Brooklyn? 
