Brooklyn Wrongful Death Lawyers

Losing a loved one is devastating under any circumstances. When the loss results from someone else’s carelessness or negligence, it is often more emotionally traumatic. Incurring tremendous expenses due to the loss creates a stressful burden in addition to the grief.

While no amount of money can replace a life, you may be able to recover damages through a wrongful death claim. At Rubenstein & Rynecki, we have seen firsthand and understand the emotional and financial challenges families face following the tragic loss of a loved one due to someone else’s negligent actions. For over 50 years, our Brooklyn wrongful death lawyers have helped families seek the justice and compensation they deserve.

What Is Wrongful Death?

Wrongful death is the legal term applied to deaths caused by the negligent actions of others. In New York, wrongful death is established by the following criteria:

Death occurred
Death resulted from another individual’s negligence
Legal grounds for a personal injury lawsuit exist
At least one surviving family member suffered losses due to the death
The decedent’s estate suffered recoverable damages

New York does not consider the death of a fetus before birth “wrongful,” even if the death is a direct result of another’s negligent or wrongful acts. Lawsuits after birth, however, can be brought following the death of a child.

Who Can File a Wrongful Death Claim?

In wrongful death claims, lawsuits are filed by the survivor’s representative, typically a direct relative or executor of the deceased’s estate. If the deceased did not have a will or name an executor, the court appoints one. Wrongful death claims are typically brought on behalf of:

Immediate family: Spouses, children, adopted children, or the deceased’s parents.
Partners and dependents: Domestic and life partners and financial dependents.
Distant family: Siblings and grandparents, such as a grandparent raising a child who passes.
Those who suffer financially as a result of the wrongful death: Unrelated individuals who were receiving financial support from the deceased before the death .

What Types of Compensation Are Awarded in Wrongful Death Cases?

No amount of damages truly compensates for the loss of a loved one. Wrongful death lawsuits provide financial resources for the expenses and emotional losses following a loved one’s death, as well as justice. In New York, the surviving family can seek the following:

Medical expenses
Funeral and burial expenses
Lost income
Lost support and services (financial and otherwise)
Loss of inheritance
Value of parental support, guidance, care, and nurturing
Conscious pain and suffering the deceased endured

Additionally, other family survivors and dependents can recover nine percent interest of the total compensation from the date of death until awarded. In New York, claimants cannot seek damages for their own:

Pain and suffering
Mental anguish
Loss of consortium
Loss of companionship
Loss of support

How Can Rubenstein & Rynecki Help Me With My Wrongful Death Case?

Our Brooklyn wrongful death lawyers can work with our established network of medical and investigative experts. Our attorneys can help with the following:

Eligibility: A spouse, children, parents, or siblings may be entitled to compensation, depending on the circumstances of the accident. We can determine your eligibility for compensation.
Liability: In some cases, victims are found to be partially responsible for the accident. Despite this, you may be able to pursue a wrongful death claim against other negligent parties.
Losses: In addition to medical expenses related to injuries and death, you can pursue a wide range of damages in New York, such as funeral expenses and lost income.

Our History of Success

Rubenstein & Rynecki has a record of successfully obtaining hundreds of millions of dollars for our clients. Our record not only exemplifies the skill and experience of our legal team but also demonstrates how we have helped make a difference in our clients’ lives.

Some of our most recent wrongful death results include:

Police brutality: $3 million for the family of a man wrongly shot and killed by police.
Medical malpractice: $1.1 million for the family of a woman who died following childbirth.
Medical neglect: $2 million for the family of a Jamaican woman who died due to psychiatric hospital staff neglect.
Medical malpractice: $1.5 million for the family of a woman who died of respiratory distress during labor and delivery.
Boat and ferry accident: $2.5 million for the family of a man killed in a ferry crash.
Truck accident: $25 million for children killed under a truck.
Medical malpractice: $5 million for the family of a woman who died in childbirth.
Taxi collision: $3.7 million structured settlement.
Police brutality: $3.25 million for a man wrongly shot and killed by police on his wedding day.

Is There a Statute of Limitations for Filing a Wrongful Death Lawsuit?

In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Wrongful death claims can be complex and time-consuming, so we encourage you to contact our Brooklyn wrongful death lawyers as soon as possible to discuss your options.