Brooklyn Wrongful Death Lawyer
Pursuing Accountability for Your Loss
The death of a loved one is especially tragic when their death results from the careless actions of another person. Knowing that the accident was preventable makes your loss all the more devastating. If you lost a loved one due to negligence, call the Brooklyn personal injury lawyers at Jacoby & Meyers, LLP, today for a free case evaluation.
Defining Wrongful Death
When someone acts with negligence, they fail to exercise the same care a reasonably prudent person would use in similar circumstances. If the negligence results in death, then the victim’s survivors may file a wrongful death claim. Wrongful death refers to a death that was, in fact, wrong. For example, if a drunk driver crashes into your loved one’s car resulting in their death, then their behavior was wrong and they are liable for your loss.
Common Ways You May Experience a Sudden Loss
The sudden loss of a loved one can turn your world upside down. There are a variety of ways the reckless actions of another person can result in death:
While we all take a chance each time we get behind the wheel, we expect other drivers to drive in a responsible manner. When a reckless driver fails to share the road, they create the risk of serious harm or death for you and your passengers. According to the Centers for Disease Control (CDC), approximately 9 people are killed every day in the United States due to distracted drivers alone.
The Occupational Safety and Health Administration (OSHA) reports that an average of 14 deaths a day occurred throughout the United States during 2017. The construction industry is a particularly dangerous industry due to what OSHA cites as the “fatal four” types of events that result in death:
- Struck by an object
- Caught-in/between equipment
When your loved one leaves for work in the morning, you don’t expect them to die in a work-related accident and never return home. If this happened to someone you loved, contact Jacoby & Meyers, LLP, today.
Losing a loved one to an act of violence is especially difficult. If police capture the suspected murderer and they are brought to trial, the proceedings in criminal court differ from any civil action. Whether a jury convicts or acquits makes no difference to your wrongful death claim.
It also makes no difference if your loved one was the intended victim or simply in the wrong place at the wrong time. Their death was preventable, and due to the defendant’s violent actions, you lost your loved one forever. Filing a wrongful death claim is one way to ensure there is a possibility of holding them accountable for your loss.
We trust our healthcare providers when we seek treatment for a serious injury or disease. When medical care goes wrong due to miscommunication among staff or due to an overworked doctor, the results are often fatal. Researchers at John Hopkins University found that medical errors kill more than 250,000 people a year. The researchers suggest that medical errors are such a problem that they are now the third leading cause of death.
Examples of medical malpractice cases due to a medical error include:
- Hospital-acquired infections – The Centers for Disease Control (CDC) reports that hospital-acquired infections affect 1.7 million people each year. Any type of infection can have deadly results for patients.
- A misdiagnosis – Patients seek medical care when they are not feeling well. A misdiagnosis can lead to unnecessary tests and treatments that not only delay a proper diagnosis but compound any existing medical problems.
- Wrong medications – Improperly trained staff and a lack of communication between them can result in patients receiving the wrong medications, too much of a medication, or a deadly combination of medications.
- Never events – As hard as it is to believe, never events in hospitals throughout the nation do happen. A never event is a medical event that you never expect to occur, such as the removal of the wrong limb during surgery. A never event may result in a mistake so extreme that the patient dies from the mistake.
In the medical profession, there is no room for mistakes. When a loved one dies due to a medical error, the parties responsible must face justice for their reckless actions. There is no excuse for a patient who needed a simple procedure to die due to a tired doctor or untrained nurse. If this happened to your loved one, contact Jacoby & Meyers, LLP, without delay.
Nursing Home Abuse and Neglect
It is never easy to place a loved one in a nursing home. We trust the providers to protect and care for them. Many seniors are unable to report abuse or they may hide their injuries from you when you visit. It is very important to watch for signs of possible abuse and neglect and to document what you find.
Examples of possible nursing home abuse and neglect include:
- Unexplained falls
A loved one may exhibit signs of fear when certain staff enters their room. Their fear may signal a sign of possible abuse. Many are afraid to report their abuse due to concerns regarding retaliation by staff or they simply don’t want to cause you to worry.
A senior who is generally in good health deserves to live out their final years in a secure and loving environment. If you suspect your loved one died as the result of nursing home abuse or neglect, contact a nursing home lawyer to discuss your case and relocate your loved one as soon as possible.
Manufacturers continue to place consumers at risk for serious harm with defective products. Items such as cribs, toys, and even car parts can enter the market even though the manufacturer knows there are problems with the product.
If you lost a loved one due to a defective product, you may be eligible to file a wrongful death claim. No business should put profits over people by endangering consumers with inferior products.
The loss of a loved one is especially devastating when it is a child who died due to a defective baby carrier, crib, or other like item. Holding manufacturers responsible is a way consumers can fight for justice.
At Jacoby & Meyers, LLP, we believe dishonest manufacturers must be held accountable for what they knew and when they knew it. There is no excuse for knowingly placing lives at risk in an attempt to deplete stock or to increase profits. If this happened to you and your loved one died as a result, call us to see how we can help aid your recovery.
Surviving Family Members
When it comes to filing a wrongful death claim, New York law limits legal action to certain family members or to a representative of the estate. The law is specific when it comes to who may pursue a civil action for damages. A spouse, children, or parents of the decedent are typically the ones allowed to seek compensation for their loss.
As personal injury lawyers, we understand what a difficult time you and your family face as you deal with funeral arrangements. We also understand the financial uncertainty that follows the death of a loved one.
From medical bills for the treatment that tried to save your loved ones life to the loss of income from their career, we can help. While wrongful death cases vary and depend on different factors, our legal team works hard for our clients. We negotiate with insurance companies in an attempt to secure the best outcome possible for you. If we are unable to settle the case out-of-court, we are willing to go to trial.
Pursuing compensation for your loss is your legal right. When it comes to wrongful death cases, there are two basic types of damages: economic and noneconomic.
Economic damages—often called special damages—are easy to assign a monetary value to. Economic damages include such things as funeral and burial expenses, final medical bills, and lost wages and income. These items are defined in such documents as medical invoices, receipts, and paystubs.
Noneconomic damages are less precise and are sometimes harder to assign a dollar amount to. Instead of concrete items, they are mostly associated with loss regarding feelings, such as pain and suffering and loss of companionship.
The amount of any type of damages awarded in a wrongful death claim varies from case to case. While each claim is different and involves different circumstances concerning the decedent, you may receive an award of both economic and noneconomic damages.
Funerals are very expensive, and most people are not prepared for the unexpected costs. With the average costs of a funeral in the United States falling between $7,000 and $9,000, how to pay for services and burial is overwhelming. While a wrongful death won’t pay for your immediate needs, if successful, it can reimburse you for your funeral costs.
Your Brooklyn Wrongful Death Lawyer
Your time of grief is no time to deal with an insurance company. Insurance companies like to settle cases quickly by offering low-dollar settlements. It is not uncommon for them to contact you soon after the death of your loved one. While the amount they offer you may seem like a large sum, chances are it is not enough to secure your financial future. Do not speak with insurance companies without legal representation.
At Jacoby & Meyers, LLP, we know the tactics insurance companies use to try and avoid paying a claim. We also know that most insurance companies want to settle for the least amount of money possible.
New York law allows two years from the date of your decedent’s death. That time can pass quickly as you mourn your loss.
Our legal team needs time to identify those liable for the loss of your loved one. Each case is different and determining whether your case qualifies for a wrongful death claim is important before moving forward. That’s why scheduling a free case evaluation is a smart idea for learning your options regarding civil action.
Don’t let the opportunity to pursue legal action pass you by. What happened to your loved one wasn’t fair and your loss can never be replaced. If not for the misconduct, negligence, or reckless actions of another person, your loved one would be with you today.
Pursuing justice on behalf of the decedent’s estate is your right under New York law, however, successful negotiation takes time. Secure legal representation as soon as possible by calling us today.
Let Jacoby & Meyers, LLP, Help With Your Wrongful Death Claim
We have a strong history of serving clients in New York, New Jersey, and throughout the United States. Since 1972, we’ve provided effective legal representation for thousands. At Jacoby & Meyers, LLP, we take great pride in providing quality customer service for our clients in Brooklyn and throughout New York. Each case gets its own assigned legal team, giving every case and client the time and attention they deserve.
Let us deal with aggressive insurance companies so you can concentrate on mourning your loved one. We keep all of our clients informed throughout their case. You never have to wonder about the status or what to expect next.
If you experienced a sudden and tragic loss of a loved one, fight justice and compensation. Contact Jacoby & Meyers, LLP, today at (877)-565-2993 for a free case evaluation. You can also submit a free case evaluation online.
There is no fee unless we collect damages for you. Let us evaluate your case soon so you can start to breathe easier. Knowing someone is on your side can somehow make your burden a little lighter. We’ll carefully review your information and should we decide to proceed, we can build a strong case against those liable for your loved one’s death.
No one should die due to a careless medical error, nursing home abuse, a violent criminal, or other preventable acts. By holding the responsible parties accountable, we can help make the world a safer place.
Call us today at (877)-565-2993 and make an appointment.
8701 3rd Avenue
Brooklyn, NY 11209