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Wrongful Death

New York City Wrongful Death Attorney

Wrongful Death Lawsuits in Brooklyn & All of NYC

There is nothing more difficult in life than unexpectedly losing a loved
one. Knowing that another person or party caused your loved one’s
death can make the healing process even more difficult – but justice
is possible.

At Rubenstein & Rynecki, we represent individuals and families who
have suffered unimaginable tragedy due to the careless, reckless, or wrongful
conduct of others. Our New York City wrongful death attorneys have been
fighting for the rights of our clients since 1972, providing compassionate,
personalized support and aggressive advocacy throughout the civil litigation
process. We understand what you have been through, as well as the challenges
you are currently facing, and we have what it takes to guide you through
the process of seeking justice and the fair recovery you are owed.

Continue reading to learn more about filing a wrongful death claim in NYC or
contact our office in Brooklyn at
(718) 522-1020 to schedule a free consultation with our team.

On This Page:

What Is “Wrongful” Death?

In simple terms, wrongful death occurs any time an individual dies due
to the negligent or intentional conduct of another person, company, or entity.

Under New York law, there are five elements required to prove that a death
was “wrongful:”

  • A death occurred
  • The death was caused by the wrongful conduct of another party (the “defendant”)
  • The person who died (the “decedent”) would have had grounds
    for a personal injury lawsuit had he or she lived
  • The decedent is survived by at least one person who suffered losses due
    to the death
  • The estate suffered recoverable damages

Notably, although a wrongful death claim can be brought after the death
of a child, the New York Court of Appeals has ruled that the state does
not consider wrongful death lawsuits involving fetuses who die before
birth, even when these deaths result from the negligent or wrongful acts
or omissions of others.

Who Can File a Wrongful Death Claim in New York?

Wrongful death claims must be filed by a person who acts as a representative
of survivors who suffer as a result of the death of their loved one (most
commonly the decedent’s family members). Often, the person filing
the claim is the executor of the decedent’s estate or a direct relative.
If the person died without a will or without naming an executor or representative
of the estate, the court will appoint one.

Although the personal representative or executor of the estate must be
the one to initiate the wrongful death action, these claims are brought
on behalf of certain surviving individuals. These individuals are the
ones who can recover monetary compensation for their losses associated
with the death, along with the estate itself.

Here are some examples of people who could pursue damages through a wrongful
death claim:

  • The decedent’s immediate family: Spouses, children, and the parents of children who are not married can
    all recover damages in a wrongful death suit. Adopted children are included
    as immediate family members.
  • Life partners and dependents: Anyone financially dependent on the decedent, as well as domestic/life
    partners have a right to seek compensation in a wrongful death claim.
  • Distant family: Grandparents, brothers, and sisters are considered distant family in wrongful
    death claims. A common scenario would be a grandparent who is raising
    a child filing a claim after the wrongful death of the child.
  • Anyone who suffers financially as a result of the wrongful death: This stipulation allows for people not related to the decedent by blood
    to obtain the funds they need so long as they were receiving financial
    support from the decedent.

If you have questions about filing a wrongful death lawsuit, reach out
to our New York City wrongful death attorneys at Rubenstein & Rynecki.
We can meet with you to discuss your concerns and provide the personalized
guidance you need.

How Long Do You Have to File a Wrongful Death Lawsuit?

In New York, you only have two years from the date of death to file a wrongful
death lawsuit. This is different from the three-year statute of limitations on most
personal injury cases in the state. If you fail to file your lawsuit within two years,
you will lose your right to seek compensation for your damages.

It is never a good idea to rush into a settlement, especially when the
insurance company offers one immediately after the death of your loved
one. Insurance companies often prey on surviving family members’
grief, pressuring them to accept low settlement offers without considering
the full extent of their losses, including future damages. We encourage
you to reach out to our attorneys at Rubenstein & Rynecki right away
so that we can immediately begin protecting your rights and building your
claim. The sooner we can get started on your case, the better.

Damages in Wrongful Death Cases

Nothing can negate the death of your family member nor truly “compensate”
you for your loss. The purpose of a wrongful death lawsuit, rather, is
to provide the financial resources you need to handle unexpected financial
and emotional losses associated with your loved one’s death. A successful
claim can also provide surviving family members with a much-needed sense
of justice, allowing them to heal and move forward with their lives.

In New York, eligible surviving family members and dependents can recover
the following damages in wrongful death cases:

  • Reasonable and necessary medical expenses associated with the decedent’s
    final treatment and care
  • Reasonable and necessary funeral/burial expenses
  • The value of lost wages/income during the decedent’s final injury/illness
    prior to death
  • The value support and services (financial and otherwise) provided by the
    decedent prior to death
  • Loss of inheritance, including contributions the decedent would have likely
    made to an inheritance had he or she lived
  • The value of parental support, guidance, care, and nurturing
  • Pain and suffering consciously endured by the decedent prior to death

Surviving family members and dependents can also recover 9% interest on
the total damages awarded. This interest is calculated from the date of
death until damages are awarded.

In New York, claimants
cannot recover for their own pain, suffering, mental anguish, or loss of love,
companionship, and/or support following the death of a family member.
This is the case even when the decedent is a child.

How We Help Prove Your Case

No amount of monetary award can truly compensate families when a loved
one dies as the result of negligent or willful actions of others, including
violent or criminal acts. However, our law firm has the legal skills and
knowledge to help clients in Brooklyn, Manhattan, and throughout New York
City fight for the justice they deserve.

We do this by proving the following on behalf of our clients:

  • Eligibility: Depending on the details of a situation, the law may potentially permit
    compensation for the spouse, children, parents, and siblings of the deceased
    based on a hierarchical structure.
  • Liability: Even if the carelessness of the victim contributes to an accident, his
    or her dependents can pursue damages from other negligent parties, though
    compensation is reduced by the degree to which the victim contributed
    to the accident.
  • Losses: The law permits dependents to pursue a wide range of damages. In addition
    to medical expenses relating to the injuries that led to death, eligible
    recipients can seek funeral expenses, lost monetary support, and even
    punitive damages in certain situations. The law places great discretion
    in the hands of the courts when determining the full value of all losses.

The experienced New York City wrongful death attorneys at Rubenstein &
Rynecki conduct thorough investigations to develop the evidence needed
to prove all aspects of each claim. We also have a network of investigative
experts and medical specialists available when needed to help ensure we
cover every detail for our clients.

We assist clients who have lost loved ones due to all types of accidents
and traumatic events, including but not limited to:

Our attorneys have been representing victims of serious accidents, as well
as their families and loved ones, since 1972. We understand the law and
the complexities inherent in these types of cases – and we know what
it takes to go up against powerful insurance companies, product manufacturers,
government agencies, and defense teams on behalf of our clients.

Our History of Success

At Rubenstein & Rynecki, we are proud of our long history of success,
not simply because it shows the skill and experience of our legal team
but because it demonstrates the real ways in which we have helped make
a difference, both in the lives of our clients and our communities.

Some of the wrongful death results Rubenstein & Rynecki has obtained
for clients include:

  • $3 million for the family of an African immigrant wrongly shot and killed
    by a police officer during a raid on a warehouse in Chelsea
  • $1.1 million for the family of a Haitian woman who died following childbirth
    as a result of medical malpractice
  • $2 million for the family of a Jamaican woman whose death in a psychiatric
    ward was captured on a shocking video that depicted hospital staff ignoring
    her for hours
  • $1.5 million for the family of a woman who died as a result of the failure
    to recognize and properly treat respiratory distress during labor and delivery
  • $2.5 million from the City of New York to the family of United Nations
    security guard who died as a result of the Staten Island “Andrew
    J. Barberi” ferry crash
  • $25 million for tots killed under a truck
  • $5 million for the family of a woman who died in childbirth
  • $3.7 million structured settlement for taxi crash
  • $3.25 million for the victim of a police shooting killed on his wedding day

While we (nor any attorney or law firm) cannot guarantee a specific outcome
in your case, we
can assure you that we will do everything we can to maximize your recovery.
Our attorneys will be there for you every step of the way, providing answers
to your questions and advising you on how to move forward.

Schedule Your Free Consultation Today

We know just how difficult it is to pick yourself up after the loss of
a loved one, but you can take the first step in healing and moving forward
by reaching out to our law firm in Brooklyn today. When you call Rubenstein
& Rynecki, we can help you set up a complimentary consultation and
case evaluation with one of our wrongful death lawyers. During this initial
consultation, we can address your concerns and answer any questions you
may have. We can also advise you regarding your rights and options and
help you determine what to do next.

Rubenstein & Rynecki offers legal services in English, Spanish, Russian,
Romanian, Greek, and Creole, and we do not collect any attorney fees unless
we recover compensation for you. If we do not secure a settlement or verdict
in your case, you do not pay.

Contact us online or by phone today at
(718) 522-1020 to learn more about how our team can assist you and your family.

We Know Each and Every Case Personally

Hear the Difference From Past Clients

Rubenstein & Rynecki talk business on the streets on NYC
  • Very professional.

    “Rubinstein and Rynecki were wonderful from start to finish.”

    – Jessica B.
  • Professional and transparent from start to close.

    “I was taken well care of and was always provided with professional advice and direction.”

    – Alex B.
  • Super organized & extremely professional.

    “The team at Rubenstein & Rynecki are the best! Very straight forward, super organized & extremely professional.”

    – Mike C.
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Our Team’s Difference

Rubenstein & Rynecki
  • Aggressive in the Courtroom
  • No Recovery No Fee
  • Won’t Under Settle Your Case
  • Accessible & Available
  • Compassionate With Our Approach
  • New York City Born & Raised

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