Brooklyn Wrongful Death Lawyer
- The law firm of choice for families facing wrongful death in Brooklyn
- How can a Proner & Proner help with my wrongful death claim?
- What types of wrongful death cases does Proner & Proner accept?
- What does wrongful death mean?
- How much is my Brooklyn wrongful death case worth?
- Who can file a wrongful death lawsuit in New York?
- How are wrongful death proceeds distributed?
- How do you prove wrongful death in Brooklyn?
- Who may be liable in a wrongful death case?
- How much does a Brooklyn wrongful death lawyer cost?
- When should I contact a Brooklyn wrongful death attorney?
- How to file a wrongful death lawsuit in Brooklyn, New York
The New York wrongful death statutes allow families to recover financial losses when a loved one is taken too soon because of someone else’s negligent or malicious conduct. If this has happened to your family, a Brooklyn wrongful death lawyer from Proner & Proner can help.
While compensation alone cannot relieve the pain of losing a family member, it can alleviate the resulting financial burden, provide financial security, and bring about a sense of justice.
The Law Firm of Choice for Families Facing Wrongful Death in Brooklyn
Proner & Proner has won more than $400 million for clients who have been injured because of someone else’s negligence.
Proner & Proner was founded by A. Stanley Proner in 1958 on the basis of providing compassionate, fearless advocacy to people who are injured because of the wrongful conduct of others. Mitchell Proner has continued his father’s legacy and is passionate about client service, advocacy, and results.
When you retain a wrongful death attorney from Proner & Proner, you become part of the family, where you can expect the following:
- An entire legal team of highly skilled professionals assigned to your case
- Mitchell Proner’s personal cell phone number
- Prompt, courteous communication throughout your case
Mitchel Proner is recognized as one of the most talented and effective personal injury lawyers in the nation. He regularly appears on national, international, and local television networks as a legal analyst and has been quoted by the New York Times and other respected national and international publications.
Below is an example of what our clients say about our services:
“Mitchell Proner and his team handled a complex fatal car accident in my family with professionalism, compassion, and competence. Atty. Proner’s approach showed a keen understanding of the issues that my family and I faced during these nightmare days of an unimaginable loss. His thoroughness and knowledge of the law were of immeasurable consolation to us. This team is simply the best of the best. —Maureen Coelh
How can a Proner & Proner help with my wrongful death claim?
The opposing party may blame your loved one, stall the case, or pressure you to accept a lowball settlement. Our legal team will aggressively pursue justice for your lost loved one and neutralize these efforts.
To accomplish this, our law firm will:
- Communicate with the insurance company so you don’t have to
- Thoroughly investigate the incident that precipitated your loved one’s death
- Establish fault while minimizing your loved one’s role in the accident
- Skillfully and aggressively negotiate for a generous and fair settlement
- Calculate the value of your case
- If necessary, take your case to court and present a compelling case to a jury
Our law firm works with the nation’s leading forensic analysts, medical experts, and life care planners to ensure we fully understand the depth of your loss so that we can present the most persuasive case.
What types of wrongful death cases does Proner & Proner accept?
Proner & Proner accepts wrongful death cases that stem from a variety of causes. Below are the types of incidents that led to wrongful death in many of the cases we have handled:
If your family member has died as a result of someone else’s negligent or deliberate conduct, contact Proner & Proner. We may be able to help regardless of the type of incident that caused your loved one’s death.
What does wrongful death mean?
Wrongful death is a death that resulted from someone else’s negligence, deliberate misconduct, or default. New York allows families to pursue two types of claims when a wrongful death has occurred:
- Wrongful death lawsuit – A claim for the financial losses suffered by the family as a result of the death
- Survival lawsuit – A claim for the losses suffered by the deceased, which the deceased could have claimed had they survived
Your family may be eligible to file both types of claims. This can help maximize your compensation because each type of claim allows different types of compensation.
How much is my Brooklyn wrongful death case worth?
The value of a wrongful death case is determined by specific circumstances involving your family, your loved one, the defendant, and the incident leading to the death. When negotiating a settlement or presenting your case to a jury, the following details may be considered when calculating your compensation:
- Your family member’s age, health status, and life expectancy prior to the death
- Your loved one’s role in the family
- Your loved one’s contributions to the family
- The cause of death
- The conduct of the defendant
- The skill and experience of the attorney you select
Wrongful Death Claim
In a wrongful death claim, economic damages include the following:
- Funeral expenses
- Burial expenses
- Lost wages of the deceased
- Lost inheritance
- The value of domestic services the deceased provided
Lost wages and domestic services are calculated based on the projected lifetime earnings or services of the deceased had they lived. This amount can be substantial.
In a survival claim, economic damages may include the following:
- Medical expenses of the deceased
- Lost wages of the deceased
- Loss of earning potential
Non-economic damages are the subjective, intangible losses experienced as a result of the death. This includes such damages as pain, suffering, and loss of companionship.
In a survival claim, families can pursue compensation for the pain and suffering of the deceased. New York does not allow families to recover compensation for their own pain, suffering, or grief, but change is on the horizon.
Senate Bill S74A expands the wrongful death statute to include non-economic damages for the family. The bill has passed the New York Senate and Assembly and is waiting for the governor’s signature. It will apply to both future and pending wrongful death litigation.
Punitive damages may be available in rare cases when you can prove that the defendant’s conduct was deliberate or especially reckless. Punitive damages are awarded as a punishment against the defendant and a deterrent to others and may be substantial.
Workers’ Compensation in Brooklyn
If your family member was killed on the job, you may qualify for death benefits through the workers’ compensation program. Death benefits may include a lump sum payment, weekly payments equal to two-thirds of the wage earner’s average weekly wages, and/or funeral benefits.
Workers’ compensation is typically the only remedy against covered employers unless the employer’s injurious conduct was deliberate. However, you may be able to file a lawsuit against third parties that contributed to the death, such as the following:
- The manufacturer of defective equipment supplied to your employer
- The owner or driver of a motor vehicle involved in the incident
- An independent contractor who created a hazardous condition
- A premises owner who failed to remedy a hazard
Who can file a wrongful death lawsuit in New York?
A civil action for wrongful death may only be filed in Brooklyn by the personal representative of the deceased, which may or may not be a family member. This is typically the executor of the estate.
How are wrongful death proceeds distributed?
Wrongful death and survival claim proceeds are distributed to the family in accordance with New York estate, powers, and trust laws, with all proceeds going to the surviving spouse and children, if any. In the absence of a spouse or children, proceeds are distributed to the parents of the deceased or the next of kin.
Can a sibling sue for wrongful death?
A sibling can only file a wrongful death action if designated as the personal representative. Siblings may recover wrongful death proceeds if the decedent was unmarried and had no surviving children or parents.
How do you prove wrongful death in Brooklyn?
Like most Brooklyn personal injury cases, a successful Brooklyn wrongful death case requires the plaintiff to show by clear and convincing evidence that the following is true:
Depending on the type of incident that caused the death, this can be proven through the following:
While a criminal case must be proven beyond a reasonable doubt, a civil case must only be proven by a preponderance of the evidence, a slightly lower threshold.
Who may be liable in a wrongful death case?
Liability in a wrongful death case is established by determining who breached a duty of care, whether the breach of duty was intentional or negligent.
Motor Vehicle Accidents
- The other driver
- The owner of a vehicle
- A trucking company
- The manufacturer of a defective vehicle or components
- An auto mechanic who performed faulty work
- The city of New York in cases of poor road conditions
- Property owners
- The city of New York
How much does a Brooklyn wrongful death lawyer cost?
The standard cost of a wrongful death attorney is 33 percent of your proceeds plus your case costs. At Proner & Proner, your fee is determined on an individual basis. We advance your case costs and charge nothing up front. You owe us nothing until we recover compensation for you.
When should I contact a Brooklyn wrongful death attorney?
If your family is facing a wrongful death, the New York wrongful death statute of limitations has imposed a deadline to file your case. If you do not file on time, you can forever lose your right to file a claim.
The deadline can vary from as little as 90 days (when the case is against the city of New York) to as long as two years after the date of death. A Brooklyn wrongful death lawyer can determine the deadline that applies to your specific case.
Regardless of the time limit, contacting a Brooklyn wrongful death lawyer well ahead of the deadline ensures your attorney has ample time to gather evidence, conduct investigations, and build a strong case well ahead of the deadline.
How to File a Wrongful Death Lawsuit in Brooklyn, New York
Wrongful death cases are complex and can be overwhelming for anyone without experience handling these types of cases, and even more so for a family who is grieving the loss of a loved one.
The simplest way to file a wrongful death lawsuit in Brooklyn is to hire an experienced, reputable attorney to handle this for you. You can count on the attorneys at Proner & Proner to appreciate the gravity of your loss and fight vigorously on your behalf. Contact us today for a free consultation.