Wrongful Death
Wrongful Death Lawsuits An Overview
Wrongful death lawsuits are filed after another person's actions caused or contributed to the death of a loved one. It applies to accidental and intentional actions. Not all deaths are legally considered a wrongful death. Certain elements must be present in order to pursue a wrongful death case.
Negligence Occurred
Negligence means that a person's reckless, careless, or irresponsible actions caused or contributed to someone's death. A causal connection between negligence and another person's death must be established for a viable wrongful death claim.
Breach of Duty
Breach of duty refers to a duty owed by the negligent individual to the deceased. In fatal auto accidents, drivers have a duty to drive safely. Doctors have a duty to provide good medical care. A breach of that duty can lead to fatal injury and accidents.
Losses and Damages
The death of the loved one must have resulted in different hardships for the person bringing about the wrongful death claim. This includes funerary expenses, medical bills, loss of income for the household, emotional pain and suffering, and so forth.
Who Can File a Wrongful Death Claim? What New York State Law Says
Wrongful death laws in New York allow only certain individuals connected to the deceased person to file a lawsuit. Wrongful death claims can be filed by:
The Spouse of the Deceased
The spouse of the deceased may seek damages from the negligent party to address the loss of their husband or wife.The Children of the Deceased
Children who are deprived of a parent can seek damages from a negligent party to address the tragic passing of their mother or father.The Parents of the Deceased
Parents can seek damages for the wrongful death of a child if the death of a minor was the result of a party's negligent actions.Personal Representative of the Estate
It's also possible for a lawsuit to be filed by a non-family member if that person is selected as a personal representative of the deceased's estate.Attorneys Who Are Here for You We Are Ready to Listen
With more than three decades as an attorney, Gary A. Zucker has intricate knowledge regarding personal injury and wrongful death laws. He is a member of the Brooklyn, New York State, and American Bar Associations, and was selected for the New York Law Journal Motor Vehicle Verdicts and Settlements Hall of Fame.
Guy S. Regev is board-certified by the American Board of Legal Medicine. He is a Diplomate of the American Board of Legal Medicine and a Fellow of the American College of Legal Medicine, honors held by an esteemed group of medical doctors who also hold legal licenses.
Family members that have lost a loved one and want to find out about wrongful death statutes and whether you have a case, we encourage you to contact our team of wrongful death attorneys online or call:
(718) 624-1211
Wrongful Death Attorneys Who Care Serving New York with Compassion
Elissa Denniston
August 3, 2018
I had a family member and Gary Zucker and Guy Regev did a great job with this case. They are compassionate and competent attorneys. They are very responsive to clients and will answer every question you may have.
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Terryann Matthews
October 23, 2019
I am very pleased with my result. I would highly recommend them to other people. They fight hard to hard to get the best result!
View On GoogleCauses of Fatal Accidents Tragedies That Can Lead to Wrongful Death Lawsuits
Many of the same situations that result in personal injury lawsuits could lead to a wrongful death case as well. Some examples of fatal accidents include:
Auto Accidents
The New York State Department of Health estimates that fatal auto accidents cause almost 1,100 statewide deaths every year. The most at-risk drivers were senior citizens age 65 and older followed by young adults ages 20-24. Motor vehicle collisions are the fourth leading cause of death for New Yorkers, and accidents can happen anywhere and to anyone, which includes bicyclists and pedestrians. When a driver's distraction, intoxication, or recklessness causes the wrongful death of a loved one, attorneys can hold these negligent motorists accountable.
Medical Malpractice
Medical malpractice refers to any type of error on the part of a medical professional that harms the patient. That means doctors who fail to diagnose a terminal condition, surgeons and anesthesiologists who make critical mistakes in the operating suite, and pharmacists who fill the wrong prescription may be held accountable for a patient's wrongful death. These errors are more common than you realize. A Johns Hopkins study estimated that medical negligence is the third leading cause of death in America, claiming roughly 250,000 lives every year.
Dangerous and Defective Products
It's reasonable to assume that the products available on the market are safe for use so long as people follow instructions. That covers cars, electronics, appliances, medical devices, toys, and tools. Unfortunately, products may not be safe for use because of design defects, flaws in manufacturing, or problems with distribution and storage. A defective product can do serious harm, resulting in personal injury or wrongful death. Our law firm will hold the makers, distributors of the defective product, and other parties accountable for their negligent actions or failure to act.
Construction Accidents
Building new commercial and residential structures in New York can be risky. Construction workers can be seriously injured or killed on the job. The most common causes of death among construction workers have been identified by the Occupational Safety and Health Administration (OSHA) as the Fatal Four. These four kinds of accidents are falls, being struck by objects, electrocution, and being caught between equipment or materials. Pedestrians and motorists are also at risk of fatal injuries if there is a catastrophic construction site mishap.
Catastrophic Slips and Falls
A catastrophic slip, trip, or fall can result in debilitating injuries and death. The risk of fatal injuries is higher among the elderly. The Centers for Disease Control and Prevention (CDC) estimates that around 30,000 seniors die every year as a result of injuries sustained in a fall. If this incident was the result of negligence, it could mean a lawsuit for the wrongful death of a loved one. Businesses and other properties should be designed and maintained to minimize the risk of injury and death, which includes having handrails and keeping floors dry.
Our Law Firm Will Not Give Up Schedule a Free Consultation Today
Practicing in Brooklyn since 1984, Mr. Zucker has handled a number of cases involving personal injury, medical malpractice, and wrongful death. He appears in multiple editions of New York Super Lawyers and also holds an AV pre-eminent rating from Martindale-Hubbell.
Dr. Regev joined the law firm in 2014. As a medical doctor who practices law, he brings added insight to cases of wrongful death related to medical malpractice.
If you live in New York and have lost a loved one under tragic circumstances, it's important to speak about a potential wrongful death case. Contact our diligent team of wrongful death attorneys for a legal consultation or call our law firm today:
(718) 624-1211
A Reputation for Sympathy and Diligence Peace of Mind in the Face of Tragedy
Karen Bowen
October 8, 2019
These attorneys are very professional and helped me win my case in an expeditious fashion. We got a big verdict for my severe injury and I am extremely satisfied with the outcome. I would recommend anyone who is looking for an attorney to go to Zucker & Regev.
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Tia
June 22, 2018
The staff here is wonderful from the front office staff to the back staff Gary is a wonderful lawyer very knowledgeable and upfront. Guy is also another lawyer there / doctor which is pretty awesome to have a doctor and a lawyer on a case, especially a case that involves medical malpractice. They are all professional and welcoming which is great because walking into an law office can be pretty intimidating.
View On GoogleWrongful Death Compensation Settlements and Legal Damages
As in medical malpractice and personal injury cases, your attorney will negotiate a wrongful death settlement to avoid going to court. If the case goes all the way to trial, damages will be sought to cover the losses caused by your loved one's death.
Compensatory Damages
Our law firm will seek compensatory damages on your behalf, which are intended to cover the financial and material losses associated with your loved one's death. This includes the cost of medical treatment before death, funeral expenses, therapy, grief counseling, and lost income.
Punitive Damages
Our attorneys may also seek punitive damages in your case. Punitive damages go beyond the material losses you experienced and are intended to punish the negligent party for what they've done. The amount is determined by similar cases and jury awards in the state of New York.
Loss of Consortium
Also sought in some catastrophic personal injury cases, loss of consortium is also referred to as "loss of affection" and "loss of companionship." This standalone claim covers the absence of the loved one in matters of personal comfort, parenting, intimacy, and social interactions.
A Trusted Brooklyn Law Firm Fighting for the People of New York
John Panetta
March 30, 2017
These are the best lawyers in Brooklyn. I was in really bad shape and had no where to turn to. The staff is so friendly and supportive. I had a really great result with my case and would recommend them to anyone who needs a malpractice attorney.
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Pei Las
April 10, 2017
I researched medical malpractice law firms in New York City and came across this one. My father was injured and I wanted to make sure we found the best attorneys we could. The staff were all so friendly. The whole process was painfree and my father was able to get a very substantial settlement for his injury.
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