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Brooklyn Wrongful Death Attorney
The death of a loved one is a tremendous loss. When a death occurs because of another person’s negligence or carelessness, it can be even more difficult for surviving family members to move on from it. Surviving family members can hold the negligent party liable for the loss through a wrongful death claim, but the laws in New York are very strict. An experienced Brooklyn wrongful death attorney from Silberstein, Awad & Miklos can guide you through the process and help ensure you receive the fair settlement you deserve.
Wrongful Death Defined
A wrongful death is essentially a death that is wrong or that should not have happened. Any time a person acts with negligence or carelessness that results in an accident in which another person is killed, it is a wrongful death. For example, if a drunk driver crashed into another person’s car and killed them, that is a wrongful death, because it was preventable and should not have happened.
Any time one person wrongfully causes the death of another, they can be held liable. Family members can pursue a wrongful death claim to recover damages such as funeral and burial costs, loss of companionship, and more.
Common Causes of Wrongful Death
Due to the fact that wrongful deaths should never occur, it is hard to imagine that they happen at all. Unfortunately, wrongful deaths are all too common, and there are many ways they can occur. The most common causes of wrongful death include:
Many car accidents have the potential to become deadly, and collisions on the road often form the basis of wrongful death claims and lawsuits. Any time reckless drivers fail to share the road, drive while distracted, or otherwise act carelessly, they are putting lives at risk.
Everyone deserves to return home from work every day. Unfortunately, that does not always happen. Some workplaces, such as construction sites, are inherently dangerous. According to the Occupational Safety and Health Administration (OSHA), the four types of events most likely to lead to death in the workplace include falls, being struck by an object, caught in or between equipment, and electrocutions.
Losing someone to an act of criminal violence, such as murder, is especially difficult. When the suspect is captured by law enforcement, they may face criminal charges. However, loved ones of the deceased can also pursue a civil claim to recover the damages they sustained.
When doctors and other healthcare professionals act negligently, it is a case of medical malpractice. Some of the most common types of medical malpractice that result in wrongful death include hospital-acquired infections, misdiagnosis, wrong medications, and never events, or events that should have never happened.
Residents in a nursing home are some of society’s most vulnerable individuals. Unfortunately, nursing homes are notoriously understaffed and do not always ensure they are hiring competent, experienced, and compassionate people. This can result in nursing home abuse, which causes some of the worst injuries and even wrongful death.
Defective products make their way onto the market every year, even when manufacturers are aware of the potential harm they can cause. Some products, such as cribs, toys, and car parts, can cause a wrongful death when they are not properly made—and manufacturers can often be held liable.
Any time a person has lost someone due to these causes, or any other act of negligence, they should speak to a Brooklyn wrongful death attorney who can assist with their claim.
Who Can File a Wrongful Death Claim?
New York law limits wrongful death claims to certain people. In Brooklyn and throughout the rest of the state, only certain family members or a representative of the deceased’s estate can pursue a civil action for damages. In most cases, only a spouse, children, or a parent of the deceased can file a wrongful death claim to seek damages.
Damages Available in Wrongful Death Claims
After losing a loved one in a wrongful death, you have the legal right to pursue compensation. In wrongful death cases, there are two common types of damages—economic and non-economic:
- Economic damages, also sometimes referred to as special damages, have an actual monetary value. These damages include funeral costs, burial expenses, final medical bills, and lost wages. Medical invoices, receipts, and paystubs can help prove the economic damages a loved one has incurred after a wrongful death.
- Non-economic damages do not have an actual dollar value. These damages include losses such as pain and suffering, loss of companionship, and other losses that are not easily calculated. Many people are unsure of how to quantify these losses. A Brooklyn wrongful death lawyer can advise on the full amount of damages you have sustained and help you recover the maximum compensation you deserve.
How a Lawyer Can Help
The last thing you should have to do during your time of grief is deal with the insurance company. However, the insurer may contact you soon after the death and offer a settlement for your loss. While the amount the insurer offers may sound like a lot, it is likely not enough to fully cover your total losses. You should never speak to an insurance company without legal representation.
Our Brooklyn wrongful death attorneys know how insurance companies work and the tactics they use to avoid paying the full amount on claims. Our attorneys will aggressively negotiate with the insurer to recover the full damages you and your family deserve. When the insurance company refuses to pay a fair amount, we can take them to trial to hold them accountable for paying full compensation.
Get Legal Help Today
If you have lost someone due to someone else’s negligent act, our Brooklyn wrongful death attorneys want to help with your claim. At Silberstein, Awad & Miklos, P.C., our attorneys have the experience necessary when dealing with the insurance companies and we will work tirelessly so your family can secure the damages you need. Contact us today to schedule a free consultation.