Brooklyn Wrongful Death Lawyer
Advocates For Justice In Brooklyn & Throughout New York
Losing a loved one unexpectedly is an unparalleled hardship that no one should endure. When a person's life is unjustly taken due to the recklessness or illegal actions of another, surviving family members find themselves grappling with overwhelming emotional and financial burdens. At Davidoff Law, our mission is to support you in overcoming these challenges.
We understand that no amount of compensation can ever truly mend the pain of your loss. Nevertheless, pursuing a wrongful death lawsuit against those responsible not only offers a sense of justice but also provides vital financial relief during this trying period. Read on to gain insight into the process of filing a wrongful death lawsuit in New York, or reach out to our Brooklyn wrongful death attorneys for a complimentary consultation at our office.
Understanding Wrongful Death In Brooklyn, NY
Wrongful death in New York, as in many other states, refers to a situation where a person's death is caused by the negligent or intentional actions of another party. In essence, when a death could have been prevented and should have been, it is legally considered wrongful.
When someone's death is the result of another party's wrongful conduct, certain individuals, typically close family members, may have the legal right to file a wrongful death lawsuit to seek compensation for their losses. Here are the key elements that generally constitute wrongful death in New York:
Death of a Person: The first and most fundamental requirement is the death of a person. This can be caused by a variety of circumstances, including accidents, medical malpractice, criminal actions, or any other wrongful act.
Negligence or Wrongful Conduct: To establish a wrongful death claim, it must be shown that the death was the result of the negligent or intentional actions of another party. Negligence typically involves failing to exercise reasonable care, while intentional acts are deliberate actions meant to cause harm.
Causation: There must be a direct link between the negligent or intentional conduct of the defendant and the death of the victim. In other words, it must be proven that the defendant's actions were a substantial factor in causing the death.
Legal Action: A wrongful death claim is typically pursued through a civil lawsuit. The burden of proof falls on the plaintiff (the party bringing the lawsuit) to establish the elements of wrongful death.
Who Can Pursue A Wrongful Death Lawsuit In New York?
The state of New York has established criteria regarding who may initiate a wrongful death lawsuit. The wrongful death claim must be initiated by the personal representative of the deceased's estate on behalf of specific surviving family members.
These eligible family members include:
- The decedent's spouse.
- The decedent's child or children.
- The decedent's parent(s).
- Any dependent, beneficiary, or heir of the decedent.
These family members are entitled to seek compensation for damages. However, they cannot file the claim themselves. Only the personal representative of the estate can file the claim. If no personal representative was designated in the decedent's estate plan (e.g., in the absence of a will), the court will appoint one.
Recoverable Damages For Surviving Family Members
In a wrongful death claim, surviving loved ones pursue compensation for the losses they have endured due to the deceased's passing.
In New York, eligible family members can seek compensation for the following damages:
- Medical expenses incurred for the deceased's final treatment.
- Funeral expenses.
- Lost wages, income, and benefits.
- The value of family services and support provided by the deceased.
- The value of parental care lost (for surviving children).
- Loss of expected inheritance.
- Pain and suffering experienced by the deceased prior to their death.
Unfortunately, New York does not permit surviving family members and loved ones to seek compensation for their own mental and emotional distress following their loved one's passing.
What Is The Statute Of Limitations For Wrongful Death In NY?
New York has a statute of limitations for filing wrongful death claims, generally two years from the date of the person's death. It's crucial to initiate legal proceedings within this timeframe, or you may lose the right to pursue a claim.
Providing Compassionate, Time-Tested Legal Representation
At Davidoff Law, we extend our heartfelt condolences for the loss you have endured. Our Brooklyn wrongful death attorneys are committed to guiding you through the legal process and vigorously pursuing the maximum compensation you and your family deserve. We are readily available to address any questions you may have. We offer contingency fees, meaning you will owe us nothing unless and until we secure a settlement or verdict on your behalf.
Brooklyn Truck Accident Lawyer
Fighting For Your Rightful Compensation In NY
Accidents involving commercial trucks in city intersections can lead to severe and life-altering injuries due to their massive size and weight. Dealing with the aftermath of a truck accident can be overwhelming, both emotionally and financially. If you or a loved one has been injured in a truck accident, it is crucial to have a dedicated legal advocate by your side who will fight for the maximum compensation you deserve.
At Davidoff Law, our team of experienced Brooklyn truck accident lawyers specializes in personal injury cases of this nature. We are ready to assist you in navigating the often complex process of filing a truck accident claim.
Evaluating the Damage After a Truck Accident
Truck accidents often result in severe injuries, including head and back injuries, paralysis, fractures, and even fatalities. It is essential to have a comprehensive understanding of the short- and long-term impact of these injuries, including physical limitations, lost wages, and ongoing medical expenses associated with rehabilitation, pain management, and other related costs.
Our Brooklyn truck accident lawyers are committed to your case every step of the way, ensuring that every potential avenue for compensation is pursued.
Common Causes of Truck Accidents
Truck accidents can occur due to various factors. Mechanical failures, driver fatigue, lack of training, and negligence on the part of both truck drivers and other motorists can all contribute to tragic accidents. Our attorneys investigate each accident thoroughly to determine the balance of fault and pursue every available source of compensation.
Some common causes of truck accidents include:
- Distracted driving
- Driving while intoxicated
- Fatigued driving
- Failure to follow traffic laws
- Failure to yield the right-of-way
- Hours-of-service violations
- Improper truck maintenance
- Pressure from trucking companies to meet unrealistic quotas/deadlines
- Failure to conduct background checks on truck drivers
- Lack of adequate supervision
- Defective trucks/truck parts (tires, brakes, etc.)
- Defective or dangerous road construction/design
- Unsafe weather/driving conditions
Determining Liability for Truck Accidents
Truck accident claims are often more complex than typical car or motorcycle accident claims due to the issue of liability. While the truck driver may be at fault, they may not be the only party responsible. Trucking companies can also be held liable for accidents caused by their drivers' actions or negligence. Other parties, such as manufacturers of defective truck parts or those responsible for inadequate maintenance or road conditions, may share liability.
Navigating these complex cases requires the expertise of an experienced truck accident attorney who understands the laws and processes involved.
Get the Support You Need from Our Legal Team
The aftermath of a truck accident can be disorienting and devastating for victims and their families. Our Brooklyn truck accident attorneys are here to guide you toward stability. We work on a contingency basis, which means you won't owe us anything until we secure the compensation you deserve for your truck accident case.
Brooklyn Catastrophic Injuries Lawyer
Helping Catastrophic Injury Victims Get Compensation
If you have sustained a severe or catastrophic injury in Brooklyn or the surrounding areas, you may be eligible for financial compensation for your losses. At Davidoff Law, we have the knowledge and experience to help you obtain the compensation you deserve. Our team is committed to helping you recover from your injuries and get your life back on track.
Here are several reasons why you should hire our firm for your case:
- Experience Matters: Davidoff Law has a proven track record of successfully representing clients in catastrophic injury cases. Our experienced attorneys have a deep understanding of New York personal injury laws and a commitment to delivering justice to our clients.
- Compassionate Representation: We understand the physical and emotional toll that catastrophic injuries can take on individuals and their families. At Davidoff Law, we provide compassionate and personalized legal representation to ensure our clients receive the support they need during these challenging times.
- Proven Results: Our firm has recovered substantial compensation for our clients, including medical expenses, lost wages, pain and suffering, and more. We have the skills and resources necessary to investigate your case thoroughly and build a strong legal strategy on your behalf.
- Personalized Attention: We believe in the importance of one-on-one communication with our clients. When you choose Davidoff Law, you'll work directly with our attorneys, ensuring that your questions are answered promptly, and your concerns are addressed throughout the legal process.
Overview of Catastrophic Injuries
A catastrophic injury is a severe and often life-altering injury that results in significant, long-term, or permanent physical or psychological damage to the victim. These injuries typically have a profound impact on the individual's ability to perform daily activities, their overall quality of life, and may necessitate extensive medical treatment, rehabilitation, and ongoing care. Catastrophic injuries often lead to significant emotional and financial burdens for both the injured person and their family.
Common types of catastrophic injuries include:
- Traumatic Brain Injury (TBI): A traumatic brain injury occurs when a sudden blow, jolt, or penetrating head injury disrupts normal brain function. TBIs can result in cognitive impairment, memory loss, personality changes, and physical disabilities. They can have long-lasting or permanent effects on the victim's life.
- Spinal Cord Injury (SCI): An injury to the spinal cord can lead to partial or complete paralysis, depending on the location and severity of the damage. SCI victims may lose sensation and motor function below the site of the injury, leading to a need for assistive devices and lifelong care.
- Amputation: The loss of a limb, either through surgical removal or traumatic injury, can have a profound impact on an individual's mobility and independence. Amputees often require prosthetic limbs and extensive rehabilitation to regain function and adapt to their new circumstances.
- Severe Burns: Burns that cover a significant portion of the body or reach deep tissue layers can result in excruciating pain, disfigurement, and long-term physical and psychological trauma. Treatment may involve multiple surgeries, skin grafts, and ongoing therapy.
- Multiple Fractures: Extensive bone fractures, particularly those involving major joints or multiple bones, can lead to chronic pain, mobility issues, and the need for prolonged rehabilitation. In some cases, these injuries can result in permanent impairment.
- Organ Damage: Damage to vital organs, such as the heart, lungs, liver, or kidneys, can have life-threatening consequences and may require organ transplants or other complex medical interventions.
- Severe Eye Injuries: Injuries that cause severe vision loss or blindness can significantly impact an individual's independence and quality of life. These injuries may result from trauma, chemical exposure, or medical procedures gone wrong.
- Facial Injuries: Severe facial injuries, such as fractures, disfigurement, or damage to the jaw, can lead to physical and emotional challenges. Reconstructive surgery and therapy may be necessary to restore function and appearance.
- Internal Injuries: Trauma to internal organs, such as the heart, lungs, liver, or intestines, can be life-threatening and require immediate medical attention. Even with successful treatment, these injuries can have long-term health implications.
- Psychological and Emotional Trauma: Catastrophic injuries often lead to psychological and emotional trauma, including post-traumatic stress disorder (PTSD), depression, and anxiety. These emotional scars can be just as debilitating as physical injuries.
Catastrophic injuries can result from various accidents and incidents, including car accidents, workplace accidents, slip and fall incidents, medical malpractice, sports-related injuries, and acts of violence. Due to the profound and lasting impact these injuries have on victims and their families, seeking legal representation from experienced catastrophic injury lawyers is crucial to ensure the injured person's rights are protected and they receive the compensation necessary for their recovery and ongoing care.
Ready to Fight for You
If you or a loved one has suffered a catastrophic injury in Brooklyn, don't wait to seek legal representation. At Davidoff Law, we are dedicated to advocating for the rights of injury victims and their families. Trust our team to be your committed legal partner during this challenging time.
Brooklyn Car Accident Lawyer
Upholding Your Rights During A Car Accident Claim
Were you in a wreck while driving through New York? If you’ve suffered severe injuries or your car was totaled, then you’ll have to file a claim against the other driver, which is difficult, to say the least. Let Davidoff Law help you understand your legal options and take action in pursuit of fair compensation. Our Brooklyn car accident attorneys are here to help you from start to finish.
How Long Do You Have To File A Car Accident Claim?
First things first, you need to know if you’re running out of time to file a car accident claim. Here in New York, there is a three-year statute of limitations for personal injury claims, including car accident claims. The statute begins on the date of the crash or when it first becomes obvious that you have been injured, which, in most cases, will be the same date as the collision. When the three-year statute of limitations ends, you cannot file a claim without expecting it to be dismissed by the court.
Suing After A Crash
New York requires drivers to carry personal injury protection (PIP) insurance. After a crash, PIP insurance pays each injured party for medical bills and lost wages, primarily, regardless of who is at fault for causing the crash. This is useful if you know that the accident was partially your fault, such as if you were hit by a drunk driver but you were texting at the time.
PIP insurance in New York does not typically cover damages for:
- Vehicle repairs
- Pain and suffering
- Certain miscellaneous costs
To file a claim against a driver, you must first use your PIP insurance to its cap and you must have suffered a “serious injury.” If you still have outstanding damages, you can then sue the other driver by filing against their auto insurance policy. Importantly, you cannot receive the same type of damage twice. For example, if your PIP insurance covered all of your medical costs, then you can’t sue the other driver for those costs, too.
What is a Serious Injury?
New York liability law considers an injury to be serious if it involves a:
- Broken bone
- Significant or permanent disfigurement
- Permanent disability
- Significant debilitation
- 90-day (or greater) period of total disability
Can You File a Claim as an Injured Passenger?
As an injured passenger, the first place to look for compensation or damage coverage is your driver’s PIP insurance policy. You should have been covered by their PIP insurance as their passenger. This is also true if you were a pedestrian when a driver hit you.
If their PIP insurance is not enough to cover your full damages and you were seriously injured under the law’s definitions, then you can consider your options for filing an injury claim against the liable party. Assuming that your driver was hit by someone else who caused the crash, you would file your claim against that other driver. But if your driver contributed or caused the accident, you would instead file against their auto insurance policy for unpaid damages.
Hire Our Attorneys Today
If you have been in a serious car accident in Brooklyn, then our attorneys would be happy to help you understand your rights and options. We’re proud of the reputation we have built within our communities for being tenacious and compassionate legal representatives for the wrongfully injured.
Brooklyn Personal Injury Lawyer
Taking Care Of Locals With Great Legal Counsel
If you’ve been in a serious accident in Brooklyn, then you might be owed significant compensation from the party that caused it. Demanding that compensation and securing it, though, can be an entire, exhausting process. To let yourself rest without jeopardizing the quality of your case, team up with Davidoff Law and our Brooklyn personal injury attorneys.
Our law firm is backed by extensive legal experience and a long history of impressive case results. For example, have multiple multimillion-dollar case results for clients who were harmed by a motor vehicle accident, including a $10+ million result for a family who lost a loved one in a wreck. Past case results cannot guarantee future case results, but we think they show that we know what we’re doing when it comes to managing complex cases and dealing with stubborn insurance companies.
Turn your case over to our award-winning team. Call (888) 211-1116
Personal Injury Cases In Brooklyn We Handle
A big focus here at Davidoff Law is making managing a case simple and stress-free for our clients. We make this happen by not only being compassionate legal professionals but by also familiarizing ourselves with a variety of case types, especially those that happen the most commonly in day-to-day life. If you’ve been hurt by someone else’s negligence, then you can bet that we either can handle your case ourselves or refer you to a law firm we trust in case we’re not the right fit.
Personal injury cases we often handle for claimants in Brooklyn are:
Damages You Can Demand in Personal Your Injury Case
A serious injury will do more than just cause physical harm and hardships. It will also do serious damage to your finances. Even if you have great health insurance coverage and good disability benefits from your work, you could still find your finances disappearing due to the various costs and damages stemming from your accident and injuries.
The silver lining to this difficult situation is that if someone else caused your accident, they could be financially liable for repaying your damages and more. To understand the extent of your damages and pursue every penny owed, call upon our Brooklyn personal injury attorneys. We frequently network with various medical experts to get a clearer picture of your injuries and their consequences. When the responding insurance company doesn’t want to provide fair compensation, we can even call on those same medical professionals to give expert testimonies that bolster your claim’s validity.
Damages that could be available in your personal injury claim include:
- Medical bills and related costs
- Property damage
- Lost wages and future income
- Lowered enjoyment of life
- Permanent disability
- Pain and suffering
- Loss of companionship
- And more
Call Our Brooklyn Personal Injury Attorneys Now
There is no better time to start exploring your legal options after being in a serious accident than right now. The sooner you contact Davidoff Law, the sooner our legal professionals can examine your case and start progressing it. Also, if your accident was serious, then you can probably assume that the other party involved has already reached out to their insurer or a defense attorney to see if they can avoid liability. Take the initiative yourself and dial (888) 211-1116 now.