Zucker & Regev, P.C.

Understanding the Basics of Wrongful Death Lawsuits

Dec 17, 2021 @ 10:50 AM — by Zucker & Regev, P.C.
Tagged with: Basics Of Wrongful Death Lawsuits

The death of a loved one is heartbreaking, especially if the death could have been prevented. A wrongful death may have occurred if the death was the result of another person’s recklessness or intentional harm. 

When considering pursuing a wrongful death claim, it’s important to understand that not all deaths are considered wrongful deaths. To help clarify the matter, the attorneys of Zucker & Regev, P.C. would like to discuss the basics of wrongful death lawsuits. If you live in or around BrooklynNY, and would like more information or to discuss the details of your claim, we welcome you to schedule a consultation with our wrongful death attorneys. 

What Is a Wrongful Death?

One of the first things to understand about wrongful death lawsuits is what exactly constitutes a wrongful death. Generally, a wrongful death is a death caused by another person’s recklessness, negligence, or purposeful misconduct. 

Some examples of wrongful deaths include:

What Are the Key Elements of a Wrongful Death Lawsuit?

Not all deaths caused by accidents are considered wrongful. In order to pursue a wrongful death lawsuit, some key elements need to be present and must be proven by the plaintiff on behalf of the deceased. These key elements include:

Who Can File a Wrongful Death Claim?

In Brooklyn and the state of New York, only certain people may file a wrongful death claim on behalf of the deceased. Those who may file a claim include: 

How Long Do You Have to File a Wrongful Death Lawsuit?

Wrongful death lawsuits must be filed within a specific timeframe called the statute of limitations. In the state of New York, the statute of limitations for wrongful death is two years from the date of death. 

There are exceptions to the two-year limitation. If the death was a result of medical malpractice, the statute of limitations is two and half years. Another exception is when there is a criminal case pending against the person accused of causing the death. In such situations, the statute of limitations is one year from the date of the criminal trial’s end.   

Schedule a Consultation

If you’ve lost a loved one and would like to find out if you have a wrongful death claim, call our Brooklyn office at (718) 624-1211 to schedule a consultation with our wrongful death attorneys.