While the death of a loved one in New York is always heartbreaking, it is even more tragic when the death could have been completely avoidable. As the surviving family member, you must not only deal with the emotional impact of their death, but you may also be left with many financial burdens as a result.
If you have lost a loved one in New York due to the negligence of another, you may be entitled to wrongful death benefits. At The Law Office of Stanislav Ladnik, Brooklyn wrongful death lawyer Stanislav Ladnik our team of experienced wrongful death attorneys can help. We can assist you each step of the way in your pursuit of a wrongful death claim against the at-fault party. To schedule a free consultation with any of the skilled attorneys at The Law Office of Stanislav Ladnik, call us at (347) 523-0025.
The definition of wrongful death under New York law is “a wrongful act, neglect, or default that causes the death of another individual. The purpose of a wrongful death claim in New York is to compensate particular members of the victim’s family for the economic and some non-economic losses they have suffered as a result of that death. A wrongful death claim will apply to situations where the deceased would have had the right to a personal injury claim against the at-fault party if they had survived.
When someone you love has died in New York as a result of the negligence or an intentional act of another, the death is considered “wrongful”. In this case, the individual who caused their death can be held liable for damages.
There are many ways that wrongful deaths commonly happen:
Car accidents - One of the most common causes of wrongful death in New York is car accidents. If the accident was due to the recklessness or carelessness of another party, they can be held liable when the accident results in a fatality.
Medical malpractice - When the negligence of a doctor or another healthcare and medical provider results in death, the individual can be held accountable for damages suffered by the surviving family members.
An intentional act of violence - When someone is killed in an act of violence in New York, it may result in criminal charges. It may also be considered in a civil action against the at-fault party to compensate family members for the financial and emotional damages they suffered after the death of their loved one.
Premises liability or slip and fall - If a loved one has been fatally injured in New York because a property owner failed to keep their property safe, the negligent property owner may be subject to a wrongful death claim.
Dangerous or defective products - Products offered in the marketplace must be safe for use by consumers. If someone dies in Brooklyn as the result of a defective product, family members may have the right to bring a wrongful death claim against the manufacturer or designer of the product.
Construction and workplace accidents - An accident on the job in New York that results in the death of an individual may be subject to a wrongful death claim. If your loved one died in a workplace accident, get the advice of experienced injury lawyers at The Brooklyn Law Office of Stanislav Ladnik to understand your rights and options.
Nursing home abuse or neglect - If you have entrusted someone you love to a nursing home or other care facility in Brooklyn and that loved one has been fatally injured as a result of abuse or neglect, you may be able to hold the facility accountable for that abuse as well as wrongful death.
If someone you love in Brooklyn had suffered an injury and consequently died in a vehicular accident, construction accident, slip and fall accident, workplace accident, or any other reason that was due to the negligence or intentional act of another person, wrongful death lawyer Stanislav Ladnik and the skilled Brooklyn accident attorneys at The Law Office of Stanislav Ladnik are ready to help. To schedule a free consultation with any of the experienced attorneys at The Law Office of Stanislav Ladnik, call us at (347) 523-0025.
In New York, a personal representative of the deceased party’s estate must file the wrongful death claim.
Damages will only be awarded to certain family members, including:
The spouse of the deceased - A spouse can seek compensation from a negligent party for the economic and non-economic damages suffered as the result of the death of their spouse.
The children of the deceased - Children of the deceased party can seek compensation for damages from the negligent party.
Parents of the deceased - If the wrongful death resulted in the fatality of a minor child, the parents can seek wrongful death compensation.
A non-family representative of the estate - In some cases, a non-family representative of the estate may bring a wrongful death claim against the negligent party on behalf of other surviving family members.
If you have lost someone you love due to the negligent actions of another, getting the guidance of an experienced wrongful death lawyer in Brooklyn is critical. At The Law Office of Stanislav Ladnik, wrongful death lawyer Stanislav Ladnik can explain how the law may apply to your situation and help you recover compensation if you qualify for a claim. To schedule a free consultation with Stanislav Ladnik or any of the other skilled lawyers at the Brooklyn Office of Stanislav Ladnik, call us today at (347) 523-0025.
A wrongful death claim in Brooklyn is designed to compensate surviving family members for economic and non-economic damages they have suffered as the result of their loved one’s death.
Economic damages can include:
The costs of the deceased party’s burial, cremation, or funeral
Medical costs of the deceased party
Lost wages of the deceased
Future wages that the deceased would have potentially earned
Any potential reduction in the inheritance that the deceased would have left
Other non-economic damages that can be claimed include:
Loss of consortium
Services that the deceased would have provided had they survived
The loss of parental guidance, emotional support, and moral guidance the deceased would have provided if they had survived
These are assessed based on several different factors, including the age and potential life expectancy of the deceased, as well as that of the surviving family members. Other challenging features of wrongful death claims in Brooklyn are assessing the value of things like parental guidance, emotional support, or other claims declared by the family members.
Prior to 2019, family members could claim for their own pain and suffering because of their loved one’s death, but that is no longer the case. While the surviving family members can no longer make a claim for their own pain and suffering, they can recover damages for the pain and suffering that their loved ones endured prior to their death.
A wrongful death claim can be complicated and requires the skill of an experienced Brooklyn wrongful death attorney to navigate. At The Law Office of Stanislav Ladnik, wrongful death lawyer Stanislav Ladnik and our skilled Brooklyn injury attorneys are committed to recovering the compensation that grieving family members deserve after the death of their loved ones. If you need help in recovering compensation for the wrongful loss of someone you love, contact NYC attorney Stanislav Ladnik or any of the other knowledgeable attorneys from The Brooklyn Law Office of Stanislav Ladnik at (347) 523-0025.
Aside from potential criminal charges, a wrongful death claim in Brooklyn can result in punitive damages against the at-fault party. But these are typically limited to particularly egregious and reckless behavior.
Punitive damages, in this case, are not based on economic factors but to punish the negligent party and further deter them and others from similar behavior in the future. These are typically not awarded in most wrongful death claims, but your situation may warrant it.
Because a wrongful death claim is a civil claim and not a criminal case, the burden of proof for a claim falls on the surviving family members. But that burden is lower than the burden of proof used for a criminal case. Consequently, family members may bring a wrongful death claim against an at-fault party even if that individual was not convicted of a crime.
While a wrongful death claim is brought against an at-fault party, the insurance company is usually the first line of compensation. Unfortunately, these large companies know that families are going through a tough time. And the insurance companies may work hard to protect themselves from claims. Consequently, when working with insurance, you must be wary of low settlements or an outright denial. This is when it is critical to have skilled legal counsel.
At The Law Office of Stanislav Ladnik, Brooklyn wrongful death lawyer Stanislav Ladnik and our knowledgeable New York wrongful death attorneys stand up to large insurance companies. If a better settlement is possible, we will take your claim before a court of law in Brooklyn to help you recover compensation. For a free consultation with any of our experienced attorneys, call us any time of the day at (347) 523-0025.
A cornerstone of any personal injury or wrongful death claim in Brooklyn is proof that negligence factored into the injuries and subsequent death of your loved one.
This requires proof of each “element” of negligence:
Duty of care - It must be proven that the at-fault party had a duty of care toward the deceased. The specific duty of care will be different for every situation, but basically, it means that the at-fault party had a duty not to harm the deceased. In the case of a car accident, this means that the at-fault party had a duty to operate their vehicle safely. In a medical malpractice case, it means that the physician or provider had a duty to use a standard of care accepted by the medical community based on that provider’s education, training, and experience. When determining the duty of care, the court will consider duty as it applied in similar cases and how foreseeable the harm was. If the at-fault party was charged with a crime, it is an automatic violation of the duty of care.
Breach of duty of care - Once duty of care is established, it then becomes important to prove that the party at fault breached that duty and acted conversely to what a reasonable person would have done in a similar circumstance.
Causation - It then must be established that the breach was the cause of the harm to the deceased. Depending on the case and the facts surrounding it, causation can be a more complex aspect of a wrongful death claim.
Damages - Finally, it must be proven that the deceased suffered damages. In most cases, once it gets to this point in a wrongful death claim, it is presumed that there were damages suffered.
Proving negligence in a wrongful death claim in Brooklyn can be complex. There are many steps involved and skilled representation is critical. At The Law Office of Stanislav Ladnik, Brooklyn wrongful death lawyer Stanislav Ladnik and our team of experienced New York wrongful death law counselors can guide you each step of the way, aiming for your greatest success when seeking compensation after the death of someone you love. For a free consultation, call us now at (347) 523-0025.
Pursuing compensation in a wrongful death claim in Brooklyn can be complicated and stressful. Wrongful death claims demand a high level of credible and quality evidence. It demands a strong case that meets the burden of proof for negligence and an extensive and complete valuation of damages.
When you have suffered the death of a loved one, it is important that you have the most experienced and skillful legal representation possible. At The Law Office of Stanislav Ladnik, our talented team of Brooklyn wrongful death lawyers will offer sound legal advice, investigate your loved one’s death in order to build a strong claim, expertly value your claim, and fight for your right to fair compensation. If a settlement is not possible, we will take your case before a court of law.
After the death of a loved one in Brooklyn, you deserve not only the time necessary to grieve your loss but also compensation for the costs and damages you may be left with. Stanislav Ladnik and the wrongful death attorneys at The Law Office of Stanislav Ladnik offer support and skilled legal representation that you and your family need during this difficult time. While this compensation never makes up for your loss, it helps offset the burdens you are left with after the death of a loved one.
At The Law Office of Stanislav Ladnik, we understand how painful and overwhelming it is to lose a loved one, particularly due to senseless negligence. While you may be feeling angry and powerless, we can help. We diligently work to maximize the compensation your family needs and deserves during these uncertain times. Call us at (347) 523-0025 or contact us online today to schedule a free consultation.