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Brooklyn Wrongful Death Lawyers

Wrongful Death Experts with offices in Queens, Brooklyn, Manhattan & The Bronx

Losing a loved one is an unbearable experience, and when that loss is the result of someone else’s negligence, the pain is compounded. At The Orlow Firm, we specialize in assisting Brooklyn families who have lost a loved one due to wrongful death. We understand the emotional trauma, financial burden, and complexities involved in these cases. Our Brooklyn Wrongful Death Lawyers are committed to ensuring you receive the justice and compensation you deserve.

Key Takeaways

  • Expert legal guidance from Brooklyn Wrongful Death Lawyers
  • Comprehensive understanding of what victims can be compensated for
  • Call (646) 647-3398 For A Free Case Evaluation

How The Orlow Firm Maximizes Your Wrongful Death Case

When dealing with the devastation of a wrongful death, you need more than just legal assistance; you need a compassionate partner to guide you through this emotional and complicated process. At The Orlow Firm, we provide exceptional service and expertise to ensure you get the justice and compensation you and your family deserve.

Expert Legal Team: Our lawyers specialize in wrongful death cases, bringing years of experience and intricate understanding of New York laws to your case. We not only offer emotional support but also the technical expertise required to build a solid case.

Case Evaluation: During our initial consultation, we will assess the facts of your case to determine its strengths and weaknesses. This comprehensive evaluation allows us to formulate a legal strategy tailored to your specific circumstances.

Investigative Resources: We have an arsenal of investigative resources at our disposal. We will gather all necessary documents, evidence, and witness statements to create a compelling case. This often includes medical records, accident reports, and expert testimonies.

Settlement Negotiation: We excel in negotiating settlements to ensure you receive the maximum compensation for your loss. We’ll handle discussions with insurance companies and opposing counsel, advocating vigorously for your rights.

Trial Preparedness: If a fair settlement cannot be reached, our skilled lawyers are fully prepared to take your case to court. We have a strong track record of winning wrongful death lawsuits in Brooklyn and throughout New York.

Damage Calculation: We meticulously calculate the full extent of your losses, which may include medical expenses, loss of income, and emotional suffering. Our comprehensive approach ensures that no component of your rightful compensation is overlooked.

No Upfront Fees: We operate on a contingency fee basis, meaning we don’t get paid unless you win your case. This allows you to focus on your emotional well-being rather than financial concerns.

Regular Updates: Transparency is key to our client relationships. We will keep you updated about every development in your case, ensuring that you’re never in the dark about your own legal process.

Open Communication: Our lines are always open. Whether you have questions or need emotional support, we are just a phone call away. You can reach us anytime at (646) 647-3398 for assistance or to discuss any concerns.

Our goal is to make this difficult process as smooth as possible for you. We aim to relieve you of the legal burdens so you can focus on healing and remembering your loved one. Call (646) 647-3398 For A Free Case Evaluation.

Compensation Victims Can Receive in New York Wrongful Death Lawsuits

In a wrongful death lawsuit, the stakes are incredibly high as you are fighting for justice for a lost loved one, as well as for the financial future of your family. At The Orlow Firm, our Brooklyn Wrongful Death Lawyers work diligently to secure the maximum compensation possible for both economic and non-economic damages. Here’s what you can be compensated for:

Economic Damages: These are tangible losses that can be calculated and include various aspects of financial hardship.

  • Medical Expenses: This comprises all medical costs incurred before the death of your loved one, including hospital stays, medications, surgical procedures, and emergency care.
  • Funeral and Burial Costs: The average funeral can cost thousands of dollars, an unexpected and heavy financial burden that we aim to recover for you.
  • Loss of Income and Benefits: If the deceased was a breadwinner for the family, the loss of their income can be devastating. We calculate not just the current income but also the future earnings and benefits that the deceased would have contributed to the family over a lifetime.
  • Loss of Services: This includes the loss of services that the deceased would have provided, such as childcare, home maintenance, and other household responsibilities that have a calculable cost.
  • Loss of Inheritance: Any lost value to an estate or inheritance that the deceased would have accumulated had they lived their natural lifespan can be recovered.

Non-Economic Damages: These are less tangible and more subjective, yet crucial, elements that also merit compensation.

  • Pain and Suffering: This accounts for the physical and emotional distress experienced by the deceased prior to their death.
  • Loss of Consortium: The loss of companionship, care, and affection that family members, especially spouses and children, suffer as a result of the death can be compensated under New York law.
  • Loss of Parental Guidance: For families with children, the loss of a parent’s guidance and upbringing can be both emotionally and developmentally damaging. Monetary compensation for this loss is often pursued.
  • Emotional Distress: The trauma and psychological impact that the death of a loved one has on family members can be a component of non-economic damages.
  • Punitive Damages: In some cases where the conduct of the liable party was particularly egregious or malicious, punitive damages may be awarded as a form of punishment and to deter future similar conduct.

Understanding what you can be compensated for is crucial in building a strong wrongful death case. Our Brooklyn Wrongful Death Lawyers are committed to ensuring you receive every penny you deserve. Call (646) 647-3398 For A Free Case Evaluation.

Determining Legal Liability in Wrongful Death Cases in New York

Determining who is legally responsible in a wrongful death case is a complex process that requires thorough investigation and expert legal guidance. At The Orlow Firm, our Brooklyn Wrongful Death Lawyers are adept at identifying all potential liable parties to ensure you receive the full compensation you’re entitled to. The liable party could be an individual, a corporation, or even a governmental body. It often depends on the specific circumstances surrounding the wrongful death.

In cases of medical malpractice, the liable parties could be healthcare providers such as doctors, nurses, or even the hospital where the malpractice occurred. If the wrongful death is the result of a car accident, the driver at fault, the manufacturer of a faulty vehicle part, or even a governmental body responsible for road maintenance could be held accountable. In workplace accidents, the employer could be held liable if it is proven that they failed to provide a safe working environment, or did not adhere to safety regulations. Product liability cases can hold manufacturers, retailers, or distributors responsible for a death caused by defective or unsafe products.

There may also be situations where multiple parties are held responsible for the wrongful death. For example, in a truck accident, both the truck driver and the trucking company could be held liable. The driver may be responsible for dangerous driving behaviors like speeding or driving under the influence, while the trucking company could be held accountable for poor vehicle maintenance or for encouraging unsafe driving practices.

Additionally, there can be vicarious liability, where someone is held responsible for the actions of another. An employer could be vicariously liable for the actions of an employee, or a business owner for the actions of a subcontractor. This is particularly important because it can significantly increase the resources available for compensation.

In New York, certain nuances in the law can affect who is considered liable. For instance, New York follows the concept of “pure comparative negligence,” meaning that even if the deceased was partially at fault, the family can still recover damages, although they may be reduced proportionally.

Determining legal liability is a pivotal aspect of any wrongful death claim. It sets the stage for the pursuit of justice and financial compensation. With The Orlow Firm’s expert legal team in Brooklyn, you’re assured of a comprehensive evaluation to identify all liable parties. Call (646) 647-3398 For A Free Case Evaluation.

Common Types of Injuries in Brooklyn Wrongful Death Claims

In the realm of wrongful death cases, the type of injury sustained by the deceased before their passing is an important factor to consider. It not only affects the overall compensation that can be claimed but also informs the legal strategy. While wrongful death, by its nature, results in the loss of life, the type of injuries that lead to this unfortunate outcome can vary. Knowing these injury types can provide critical insights into establishing fault and understanding the full scope of damages.

  1. Traumatic Brain Injury (TBI): Often the result of car accidents, falls, or violent attacks, TBIs can lead to unconsciousness, coma, or sudden death.
  2. Spinal Cord Injury: Accidents that cause severe damage to the spinal cord can lead to instantaneous or delayed death due to respiratory failure or other complications.
  3. Burn Injuries: Fatalities can occur from extreme burns that cause multiple organ failure, sepsis, or severe infection.
  4. Internal Bleeding: Trauma from accidents or medical malpractice can lead to internal bleeding, which if not promptly addressed, can be fatal.
  5. Asphyxiation: Often seen in workplace accidents or instances of medical negligence, asphyxiation can lead to sudden death.
  6. Drug Overdose: Wrongful death can occur from medical malpractice where incorrect medication or dosages are prescribed.
  7. Severe Fractures: Certain types of bone fractures can lead to fatal outcomes, particularly if they cause internal damage or are associated with complications like blood clots.
  8. Drowning: Occurs in cases of negligence at swimming pools, beaches, or during water activities.
  9. Electrocution: Mainly a concern in workplace accidents, electrocution can cause immediate cardiac arrest leading to death.
  10. Heart Attacks or Strokes: Sometimes induced by extreme emotional or physical trauma stemming from an accident or other negligence.

Understanding the type of injury involved in a wrongful death case serves a dual purpose. First, it adds depth to the legal narrative that your Brooklyn Wrongful Death Lawyers will build to establish liability and fault. Second, it informs the calculation of both economic and non-economic damages, allowing for a more accurate representation of the losses you and your family have suffered. At The Orlow Firm, we consider every aspect of your case, down to the smallest detail, to ensure you receive the justice and compensation you deserve. Call (646) 647-3398 For A Free Case Evaluation.

Common Types of Wrongful Death Accidents in Brooklyn

In wrongful death cases, the circumstances under which a loved one has passed away can vary widely. At The Orlow Firm, our Brooklyn Wrongful Death Lawyers have the expertise to navigate a variety of scenarios to ensure that justice is served. Each situation is unique, demanding a specific legal approach to maximize your compensation.

Car Accidents: One of the leading causes of wrongful deaths, this includes accidents involving cars, motorcycles, pedestrians, and bicyclists. Often, negligence such as distracted driving or speeding is involved.

Medical Malpractice: This covers a range of errors made by healthcare professionals, including surgical errors, incorrect diagnoses, and prescription mistakes, leading to a patient’s untimely death.

Workplace Accidents: Industrial settings, construction sites, and even offices can be the scene of fatal accidents due to employer negligence, inadequate safety measures, or faulty equipment.

Premises Liability: This includes deaths resulting from unsafe conditions on someone else’s property, such as slip and falls, inadequate security, or structural failures.

Product Liability: When manufacturers produce faulty goods that lead to death, be it automotive parts, medications, or household items, they can be held responsible for the loss of life.

Public Transportation Accidents: Incidents involving buses, trains, or subways can be due to driver negligence, poor maintenance, or lack of safety measures, leading to fatal outcomes.

Boating and Recreational Accidents: Negligent operation of boats or failure to provide adequate safety equipment can result in fatal accidents on the water.

Nursing Home Abuse or Neglect: The elderly are particularly vulnerable, and negligence or abuse in a care setting can result in fatal injuries or illnesses.

Pedestrian Accidents: Often occur at crosswalks or along roadways and are usually the result of driver inattention or failure to yield the right of way to pedestrians.

Domestic Violence: Tragically, instances of abuse or violence within the home can escalate to fatal outcomes, holding the perpetrator accountable in a wrongful death suit.

Exposure to Toxic Substances: Deaths caused by exposure to hazardous materials, such as asbestos or harmful chemicals, often in the workplace, can lead to a wrongful death claim.

Understanding the specific scenario in which your loved one’s wrongful death occurred is essential for building a strong case. It dictates what laws and regulations apply, what evidence needs to be collected, and who can be held liable. Trust in our Brooklyn Wrongful Death Lawyers to unravel these complexities and secure the justice your family deserves. Call (646) 647-3398 For A Free Case Evaluation.

New York State Relevant Laws Regarding Wrongful Death

Navigating the legal landscape surrounding wrongful death claims in Brooklyn requires a deep understanding of state and federal laws. At The Orlow Firm, our Brooklyn Wrongful Death Lawyers are well-versed in the legislation that impacts your case.

New York Estates, Powers, and Trusts Law (EPTL): This is the primary New York law governing wrongful death claims. It outlines who is eligible to file a claim, what kinds of damages are recoverable, and the criteria that must be met to prove wrongful death.

New York Civil Practice Law and Rules (CPLR): This procedural code governs civil litigation in New York, including the rules for filing a wrongful death lawsuit, such as the requirements for service of process, discovery, and trial.

Pure Comparative Negligence: New York follows the concept of pure comparative negligence. This means that even if the deceased was partially at fault for the accident, you could still recover damages, although they may be reduced proportionally.

New York Labor Law Sections 200, 240, and 241: If the wrongful death occurred in a workplace, particularly a construction site, these sections are crucial. They impose various obligations on employers and contractors to maintain a safe working environment.

New York No-Fault Insurance Law: In the case of motor vehicle accidents leading to wrongful death, New York’s No-Fault Insurance Law may come into play. This law requires vehicle owners to carry insurance that provides benefits for basic economic loss, regardless of fault, but there are limits on these benefits.

Product Liability Laws: These laws hold manufacturers and sellers responsible for producing and marketing safe products. If a wrongful death is caused by a defective product, these laws can be invoked to establish liability.

New York Medical Malpractice Laws: These laws are relevant if the wrongful death was due to a healthcare provider’s negligence. They outline the standards that medical professionals are expected to meet and provide a framework for assessing whether malpractice occurred.

Federal Motor Carrier Safety Administration (FMCSA) Regulations: If the wrongful death involves commercial vehicles like trucks, FMCSA regulations might apply, governing things like driver’s hours of service, maintenance, and other safety requirements.

Understanding these laws is paramount to successfully pursuing a wrongful death claim. Each law has its intricacies and applicability depending on the circumstances of the case. Our Brooklyn Wrongful Death Lawyers have the expertise to interpret these laws and apply them effectively to secure your family’s rightful compensation. Call (646) 647-3398 For A Free Case Evaluation.

New York Wrongful Death Statute of Limitations

In New York, the statute of limitations for filing a wrongful death claim is a critical factor to be aware of. The general rule is that you have two years from the date of your loved one’s death to initiate legal proceedings. Missing this deadline can result in the court dismissing your case, regardless of its merits. This makes it essential to consult with skilled Brooklyn Wrongful Death Lawyers like those at The Orlow Firm as soon as possible to ensure all the necessary steps are taken in a timely manner.

It’s important to note that the two-year window may be subject to certain exceptions, depending on the specifics of your case. For example, if the deceased was a minor, or if the wrongful death was caused by a criminal act, different time constraints might apply. Likewise, if the wrongful death claim is against a government entity, you usually have to file a Notice of Claim within 90 days of the incident before proceeding with a lawsuit, and then follow it up with an actual lawsuit within a shorter timeframe than two years.

Another crucial point is that the statute of limitations for wrongful death claims is different than that for personal injury claims. Even if the deceased had initiated a personal injury lawsuit before their death, the wrongful death claim would still have its own separate two-year deadline from the date of death.

Understanding the statute of limitations and its implications on your wrongful death claim is essential to securing justice and compensation for your loss. At The Orlow Firm, we make it a priority to adhere to all legal timelines and deadlines to ensure your case is as strong as possible. Call (646) 647-3398 For A Free Case Evaluation.

Preventing Wrongful Deaths in Brooklyn: Safety Measures

While nothing can bring back a lost loved one, understanding how wrongful deaths could be prevented can offer some solace and contribute to efforts in reducing future tragedies. At The Orlow Firm, our Brooklyn Wrongful Death Lawyers advocate not just for justice but also for safety measures that can save lives. In the case of car accidents, adhering to traffic rules, avoiding distracted driving, and using safety equipment like seat belts can significantly lower the risk of fatal outcomes. Drivers should be educated about the dangers of driving under the influence of alcohol or drugs, and public awareness campaigns can play an essential role in this.

Workplace fatalities are another area where preventive action can make a significant difference. Employers should conduct regular safety drills, provide adequate safety gear, and ensure all machinery is in good working condition. Employee training on how to handle emergency situations and proper operation of equipment can also minimize the risk of wrongful deaths. Regulatory bodies should conduct frequent checks and impose penalties for safety violations.

In medical settings, rigorous protocols for patient care, including surgical procedures, medication prescriptions, and diagnostics, can go a long way in preventing wrongful deaths due to medical malpractice. Continuous education and training for medical professionals can keep them updated on the latest best practices.

Property owners should also take necessary precautions to prevent incidents like slip and falls or other accidents that could lead to fatalities. This includes regular maintenance, installing adequate lighting, and providing clear signage about any potential hazards.

When it comes to product safety, manufacturers should adhere to strict quality control measures. Rigorous testing before market launch, clear instructions, and warnings about potential risks can significantly reduce the risk of wrongful death due to defective products.

Preventive measures are everyone’s responsibility—from individuals to corporations and government bodies. By understanding and applying these preventive strategies, society as a whole can work towards minimizing the circumstances that lead to wrongful deaths. This is a mission we are deeply committed to at The Orlow Firm. Call (646) 647-3398 For A Free Case Evaluation.

Additional Resources for Wrongful Death Victims in New York

For those looking to understand more about wrongful death claims in Brooklyn, New York, the following resources can offer valuable insights. While these resources can provide general information, they are not a substitute for professional legal advice. For personalized guidance tailored to your situation, please Call (646) 647-3398 For A Free Case Evaluation.

New York State Courts – Wrongful Death Information: A comprehensive guide by the New York State Court system that elaborates on wrongful death claims, procedures, and relevant laws.

New York State Department of Health – Vital Statistics: While not directly related to wrongful death claims, this site provides important data on causes of death in New York State, which may be helpful for understanding the scope of the problem.

National Institute for Occupational Safety and Health (NIOSH): Provides extensive research and guidelines on workplace safety measures, particularly relevant for wrongful deaths that occur at work.

Consumer Product Safety Commission (CPSC): This site offers information on product recalls and safety warnings, relevant if a wrongful death has occurred due to a faulty or dangerous product.

Federal Motor Carrier Safety Administration – Rules & Regulations: For wrongful deaths related to trucking and commercial vehicles, this resource provides information on the federal laws governing the industry.

Centers for Medicare & Medicaid Services – Hospital Compare: This tool allows you to compare the quality of care at hospitals in your area, which may be useful in wrongful death cases involving medical malpractice.

Remember, while these resources can offer a broader perspective, they cannot replace the specific advice and guidance that you’ll receive from the experienced Brooklyn Wrongful Death Lawyers at The Orlow Firm. Call (646) 647-3398 For A Free Case Evaluation.

Frequently Asked Questions

What if I partly contributed to the accident?
New York follows the rule of “pure comparative negligence,” which means that you can still recover damages even if you were partially at fault. However, your compensation may be reduced proportionately by your level of fault.

What is my case worth?
The value of a wrongful death claim can vary greatly depending on numerous factors such as the nature of the accident, the extent of negligence involved, and the types of damages claimed. Consult with The Orlow Firm for a tailored assessment of your case.

How quickly should I contact a lawyer?
Time is of the essence in wrongful death cases. Due to the statute of limitations, you generally have only two years from the date of death to file a claim. The sooner you contact us, the better we can assist you.

How long does it take to resolve such cases?
The timeline can vary greatly depending on the complexity of the case, the parties involved, and whether it goes to trial or settles out of court. While some cases can be resolved within a few months, others might take years to reach a conclusion.

Do I have to go to court?
While many wrongful death claims settle out of court, it’s not guaranteed. If a fair settlement cannot be reached, you may need to go to court to seek justice for your loved one.

How much does it cost to hire The Orlow Firm?
The Orlow Firm works on a contingency fee basis, meaning you don’t pay any legal fees unless we successfully recover compensation for you. During your free case evaluation, we can discuss the specifics of the fee arrangement.

Call (646) 647-3398 For A Free Case Evaluation.

Why Choose The Orlow Firm?

Choosing the right legal representation is crucial, especially when dealing with the devastating experience of a wrongful death. At The Orlow Firm, our Brooklyn Wrongful Death Lawyers are not only well-versed in New York wrongful death laws, but also deeply committed to advocating for you and your family every step of the way. With decades of experience, our team knows how to navigate the complexities of the legal system to maximize your case. Our client-focused approach ensures personalized attention, transparent communication, and a dedication to achieving the best possible outcome for you. When you’re going through the unthinkable, let The Orlow Firm be the advocates you can trust. Call (646) 647-3398 For A Free Case Evaluation.