Brooklyn Wrongful Death Lawyer
First Steps If Your Loved One Was Killed By Neglect Or Wrongful Actions
When a loved one passes away unexpectedly, it can leave you awash in grief, anguish, and worry. If their death wa the result of someone else’s negligent, intentional, or reckless actions, the sorrow can be agonizing. We understand how difficult this time is for you, and we are ready to offer you our support.
Our Brooklyn wrongful death lawyers, led by our founder, David J. Hernandez, recognize how overwhelming it can be to lose a loved one suddenly. For most of our practice, we have been helping surviving family members attain the compensation they deserve. Working with our firm is risk-free! If you we don’t recover a favorable settlement or verdict on your behalf, you owe us nothing!
We’ve Helped Thousands of Local Families
The death of a loved one is always difficult, but when the deceased was the head of our household or a significant financial contributor, the loss can be devastating. The sudden drop in income can quickly result into a monetary crisis for the family.
Compensation in wrongful death suits can help to cover:
- Medical and funeral expenses
- Loss of future earnings
- Loss of benefits, including pension plans and health insurance
- Loss of inheritance
- Pain and suffering
- Loss of parental care and guidance
- Loss of consortium
While no amount of money will ever replace your loved one, our firm understands the economic hardship that can swiftly occur after their loss. At the Law Offices of David J. Hernandez , we have helped thousands of families receive fair compensation through our passionate and diligent advocacy. We do everything in our power to so you can regain your financial stability and peace of mind as you move forward.
At the Law Offices of David J. Hernandez & Associates, we have decades of combined experienced aggressively advocating on behalf of individuals who have been harmed by the negligent actions of another. Our team of attorneys is highly skilled in all types of wrongful death cases. We have successfully garnered maximum compensation for thousands of clients and are fully prepared to help you achieve the reparation your family deserves.
Wrongful death can occur from many different accidents, including:
- Motorcycle accidents
- Auto accidents
- Construction accidents
- Medical malpractice
- Slip and falls
- Truck accidents
Regardless of the nature of your loved one’s accident, we are ready to provide our support and highly rated counsel so you can move forward in life with the proper closure.
Request a complimentary case consultation
Discussing legal matters while you are still grieving the loss of a loved one may be difficult, but we are here to help you through the process. Our team of caring attorneys can provide the steadfast and supportive guidance you deserve to hold responsible parties accountable for the loss of your family member. The Law Offices of David. J. Hernandez & Associates represents clients throughout the New York City area including Brooklyn, Manhattan, Queens, The Bronx, Staten Island, and into New Jersey. Hablamos Español
Brooklyn Wrongful Death FAQs
Who Can File a Wrongful Death Suit?
The laws differ by the state in which you file a wrongful death suit. In New York, the responsibility for filing a wrongful death claim is the “personal representative” of the deceased person’s estate. In many other states, family members are allowed to bring a wrongful death claim to court. Those who were dependent on, or a beneficiary of, the deceased may be entitled to monetary damages.
Who Pays in a Wrongful Death Suit?
If a loved one has died through the negligence or misconduct of another individual, company or entity, you may be entitled to bring legal action in the form of a wrongful death lawsuit against so those responsible pay for the loss of life. Wrongful death statutes across the U.S. compel manufacturing companies and medical personnel to act carefully in their professional responsibilities but also apply to vehicle accidents and even murder (such as O.J. Simpson’s famous not guilty verdict in his criminal murder trial followed by a guilty verdict in the civil trial in the wrongful death of Nicole Brown).
When to File a Wrongful Death Lawsuit?
There are deadlines and statutes of limitations involved in filing wrongful death lawsuits, so you should discuss your case with an experienced personal injury attorney as soon as possible to learn more about your legal rights and the strength of a potential case.
What is a Wrongful Death Charge?
A wrongful death charge is a civil action claim against a person who can be held liable for the death of another person through negligence or misconduct.
What Does a Wrongful Death Lawyer Do?
The laws involved in wrongful death lawsuits are complicated and different for every state. An experienced wrongful death lawyer knows the time limitations on such lawsuits and will guide you through the legal process of a wrongful death claim to ensure you receive the monetary damages you are entitled to.
What is Considered Wrongful Death?
When a person is killed or dies due to the negligence or with the intent to harm (misconduct) of another that is considered wrongful death. Anytime someone dies from other than natural causes; there is a possibility that someone else is legally to blame. Some examples of wrongful death include:
- Car, trucking, bus, train, boat, and motorcycle accidents
- Construction accidents
- Unsafe or defective products
- Dog bites
- Nursing home abuse or negligence
- Drunk driving
- Theme park accidents
- Defective drugs or pharmaceuticals, particularly those with known problems
- Gunshot or stabbing wounds
- Work related injuries
- Medical negligence
How to Prove Wrongful Death and How Do Wrongful Death Lawsuits Work?
Some lawsuits are resolved by pre-trial settlement, but many cases can only be resolved by going to trial. The plaintiff in a wrongful death case must show the court that the defendant was negligent and that their negligence led to the deceased’s death to be awarded any damages. Typically, these three elements must be proven:
- Duty of Care – the defendant owed a duty of care to the deceased (following the laws, obeying the rules, being careful)
- Breach of Duty of Care – the defendant failed to uphold duty of care (speeding, not following medicine dosage instructions, not fixing loose railing on stairs)
- Causation – the defendant’s action directly caused the death of the deceased
Depending on the state, a judge or a jury will decide whether the plaintiff has met the burden of proof.
What are the Damages Awarded in a Wrongful Death Lawsuit?
Damages awarded for wrongful death vary by state but examples of damages awarded in wrongful death cases include:
- Burial and funeral expenses
- Medical, nursing and healthcare expenses related to deceased’s final injury or illness
- Wages and benefit lost between deceased’s final injury and death
- Conscious pain and suffering endured by deceased due to final injury or illness
- Support and services deceased provided to family members
- Loss of inheritance
- Interest on damages awarded calculated from the date of death
How to File a Wrongful Death Lawsuit?
If a loved one has died through the negligence or misconduct of another individual, company or entity, you may be entitled to bring legal action in the form of a wrongful death lawsuit against so those responsible pay for the loss of life. Contact a Brooklyn wrongful death lawyer experienced in wrongful death lawsuits who can advise you about your rights, the time limits involved in wrongful death lawsuits, and the strength of your case.