Flatbush Wrongful Death Attorney
Losing a loved one can be a traumatic experience for any family member. If your loved one’s death was due to another’s negligence, call our Flatbush wrongful death attorneys right away.
Immediately after a loved one’s untimely passing due to another party’s negligent or intentionally wrongful acts, call our lawyers. Our wrongful death attorneys can investigate the circumstances of a victim’s death to determine fault and help their personal representative file a wrongful death claim within the statute of limitations in Flatbush. To prove fault, our lawyers may use various pieces of evidence, such as medical records, expert testimony, eyewitness testimony, security footage, and other information that supports your claim. When successful, certain family members can recover compensation for economic losses in a Flatbush wrongful death lawsuit.
Our attorneys are dedicated to helping the families of wrongful death victims hold negligent parties accountable. For a free case evaluation with the Flatbush wrongful death attorneys at The Carrion Law Firm, call today at (718) 841-0083.
When to Hire Our Wrongful Death Attorneys in Flatbush
Call our wrongful death attorneys immediately if your loved one recently died because of another person’s negligence. Our lawyers can assess the circumstances of a victim’s death to determine if you have a case against the at-fault party.
Unfortunately, wrongful death cases are not uncommon. These cases might arise from a wide variety of accidents caused by negligence. If your loved one recently died in one of the following incidents, reach out to our lawyers:
- Defective product accident
- Drowning accident
- Drunk driving accident
- Construction accident
- Medical malpractice accident
- Slip and fall accident
- Transit accident
- Vehicle accident
The incidents mentioned above are not the only potential causes of wrongful death in Flatbush. If you are unsure whether or not your loved one’s death meets the criteria for filing a wrongful death claim in Flatbush, reach out to our attorneys. In most cases, if another party’s negligent or intentionally wrongful act caused a victim’s death, a victim’s personal representative can bring a wrongful death lawsuit in Flatbush. In certain circumstances, a survival action may be filed alongside a wrongful death claim.
Statute of Limitations for Wrongful Death Claims in Flatbush
Filing a wrongful death claim can be an emotionally taxing experience for plaintiffs. To meet the filing deadline and understand the intricacies of bringing a wrongful death claim in Flatbush, seek help from our attorneys.
Acting quickly and hiring our Flatbush wrongful death attorneys immediately after a loved one’s passing is crucial. The statute of limitations to bring a claim in these circumstances is generally two years from the date of a victim’s death, according to E.P.T. Law § 5-4.1(1).
There are exceptions to the statute of limitations for cases involving criminal charges. If a negligent party has been charged with crimes relating to a victim’s death, plaintiffs have one year from when a criminal matter is resolved to bring a wrongful death claim in Flatbush, according to E.P.T. Law § 5-4.1(2).
Figuring the filing deadline for wrongful death claims arising from medical malpractice can be challenging, so be sure to speak with our attorneys for clarification.
Filing a wrongful death claim on time is crucial to get justice for victims. If eligible plaintiffs do not bring a claim within the statute of limitations, they may be unable to hold a negligent party accountable in Flatbush.
Proving Fault in a Wrongful Death Claim in Flatbush
Proving fault in a wrongful death claim is essential so that those most affected by a victim’s passing can get the closure and justice they deserve. To meet the burden of proof in these cases, plaintiffs can turn to our Flatbush wrongful death attorneys.
In wrongful death claims, the burden of proof is a preponderance of the evidence. Essentially, our attorneys are tasked with proving that it is more likely than not that a defendant’s actions caused a victim’s untimely death. To achieve this, our lawyers will launch a thorough investigation into the circumstances surrounding your loved one’s passing.
Depending on the case, the evidence used in wrongful death claims in Flatbush may differ. For example, in wrongful death claims arising out of medical malpractice, our lawyers may use medical records and testimony from medical experts to demonstrate fault and negligence.
For claims arising out of car accidents, our lawyers may garner information from police reports in an effort to locate eyewitnesses whose testimony may help prove fault.
For some wrongful death claims, security camera footage might be available. For others, medical records that illustrate the injuries that ultimately caused a victim’s death may be useful in proving negligence.
Regardless of the circumstances of each case, the goal remains the same: to prove a defendant’s fault so that a victim’s loved ones can get the closure they need.
Compensation in Flatbush Wrongful Death Claims
Once a wrongful death claim is successful in Flatbush, certain members of a victim’s family can recover compensation in the form of economic damages. Our attorneys can prepare victims’ families for what potential settlements may look like and how the funds may be divided.
New York has no cap on economic damages for wrongful death claims. There are, however, limitations on which family members can recover compensation and what they might be compensated for.
Generally, a victim’s spouse and children are the first family members eligible to recover compensation from a wrongful death claim in Flatbush, as outlined by E.P.T. Law § 4-1.1. If victims have no surviving spouse or children, their parents may recover compensation from a claim. Ask our attorneys for clarification on which of your family members may recover a portion of a wrongful death settlement.
In general, eligible recipients can receive compensation for certain pecuniary losses incurred because of a victim’s death in Flatbush, according to E.P.T. Law § 5-4.3(a). Non-economic damages are not available in wrongful death claims in New York, however they may be available in survival actions.
Call Our Flatbush Attorneys About Your Wrongful Death Case Today
If your loved one recently died because of another person’s negligence, you may be able to file a wrongful death claim. For a free case evaluation with the Flatbush wrongful death attorneys at The Carrion Law Firm, call today at (718) 841-0083.