What a Brooklyn wrongful death attorney does

A wrongful death attorney in Brooklyn represents your family in a civil lawsuit after someone dies because of another person's or company's negligence, recklessness, or intentional harm. They handle the legal work: gathering evidence, negotiating with insurance companies, filing court documents, and arguing your case if it goes to trial. They do not work for the government or police—they work for you, and they are paid only if you recover money.

The attorney's job is to prove that the death was foreseeable, that the defendant's actions or inactions caused it, and to calculate what your family's loss is worth. This includes lost income the deceased would have earned, medical and funeral costs, and compensation for the emotional harm to surviving family members. In Brooklyn, these cases are filed in Kings County Supreme Court or federal court, depending on the circumstances.

You do not have to hire an attorney to file a wrongful death claim, but most families do. The legal process is complex, defendants have their own lawyers, and insurance companies are skilled at minimizing payouts. An attorney levels that playing field and handles the work while you grieve.

Key Takeaways

  • A wrongful death attorney represents your family in a civil lawsuit and is paid only if money is recovered, usually through a percentage of the settlement or judgment.
  • Brooklyn wrongful death cases are filed in Kings County Supreme Court or federal court, and the attorney handles all legal filings, evidence gathering, and negotiation.
  • You have a limited time to file—New York's statute of limitations is generally three years from the date of death, though exceptions exist for certain circumstances.
  • The attorney will investigate the death, identify liable parties (which may include individuals, employers, manufacturers, or government agencies), and calculate damages including lost income, funeral costs, and pain and suffering.
  • Most wrongful death attorneys work on contingency, meaning you pay nothing upfront and the attorney takes a percentage of any recovery, typically 25 to 40 percent depending on the case complexity and stage of resolution.

How to find and choose a Brooklyn wrongful death attorney

Start by asking for referrals from people you trust—a family member, friend, or your regular attorney if you have one. You can also search the New York State Bar Association's lawyer referral service online, which lists attorneys licensed to practice in New York and their areas of practice. The Lawyers' Fund for Client Protection, also run by the state bar, maintains a public directory.

When you contact an attorney, ask whether they have handled wrongful death cases before, how many, and what the outcomes were. Ask whether they work on contingency (no upfront cost) and what percentage they take. Ask who will handle your case—the attorney you speak to, or an associate—and whether they have handled cases in Kings County Supreme Court. Many attorneys offer a free initial consultation, which is your chance to ask these questions and get a sense of whether you trust them.

Look for an attorney who listens to your family's story and explains the process in plain language, not jargon. Red flags include pressure to sign when ready, reluctance to discuss fees, or promises of a specific dollar amount. Reputable attorneys will tell you honestly what your case is worth based on similar cases, not what they hope to recover.

What happens in a Brooklyn wrongful death case

After you hire an attorney, they will investigate the death. This means obtaining the police report, medical examiner's report, and any other official documents; interviewing witnesses; reviewing photographs or video from the scene; and sometimes hiring experts (an accident reconstructionist, a medical informed, an engineer) to establish how the death occurred and who was responsible.

Your attorney will then identify all potentially liable parties. In a car accident, this might be the driver and their employer. In a workplace death, it might be the employer, a contractor, or a manufacturer of equipment. In a medical malpractice death, it might be the hospital and individual doctors. Each defendant has their own insurance company, and your attorney will notify them of the claim.

Most cases settle before trial. Your attorney will exchange evidence with the defendants' lawyers, negotiate, and present a settlement demand. If the defendants' insurance companies refuse to pay fairly, your attorney will file a lawsuit in Kings County Supreme Court. From that point, the case enters discovery—a formal process where both sides exchange documents and take sworn statements called depositions. If settlement talks still fail, the case goes to trial, where a judge or jury decides whether the defendant is liable and what damages to award.

Calculating damages in a wrongful death case

Damages in a wrongful death case fall into two categories: economic and non-economic. Economic damages are concrete losses: the income the deceased would have earned over their remaining working life, the cost of their funeral and medical treatment before death, and benefits they would have received (pension, health insurance). Your attorney will use the deceased's age, job history, and earning potential to calculate this.

Non-economic damages compensate for grief, loss of companionship, and emotional suffering. New York law allows surviving spouses, children, and parents to recover for this loss. The amount varies widely depending on the relationship, the age of the deceased, and the circumstances of the death. A court or jury considers how close the family members were to the deceased and how their lives have changed. There is no formula—each case is different.

In some cases, if the defendant's conduct was especially reckless or intentional, a court may award punitive damages, which are meant to punish the defendant and deter similar behavior. These are rare and require proof of extreme misconduct.

The statute of limitations and why timing matters

In New York, you generally have three years from the date of death to file a wrongful death lawsuit. This important date is called the statute of limitations. If you miss it, you lose the right to sue, and no attorney can recover anything for your family.

There are narrow exceptions. If the deceased was a minor, the three-year clock may not start until they turn 18. If the defendant left New York State, the time they were absent may not count toward the important date. If the death was caused by medical malpractice, the important date may be different. These exceptions are complex and depend on the specific facts.

Because the important date is firm and exceptions are rare, contact an attorney as soon as you can after the death. Even if you are not ready to move forward when ready, an early consultation ensures the important date does not pass while you are grieving. Many attorneys will send a letter to preserve evidence and notify potential defendants that a claim may be coming, which protects your legal rights.

Types of deaths that lead to wrongful death lawsuits in Brooklyn

Motor vehicle accidents are the most common. A driver who was speeding, distracted, or impaired causes a crash that kills a passenger, pedestrian, or occupant of another vehicle. The deceased's family sues the driver and their insurance company.

Workplace deaths include falls from heights, electrocution, machinery accidents, and exposure to toxic substances. The family may sue the employer, a contractor, or a manufacturer of equipment. Workers' compensation may also be available, which is a separate process.

Medical malpractice deaths occur when a doctor, hospital, or other healthcare provider's negligence causes death—for example, a misdiagnosis that delays treatment, a surgical error, or a medication mistake. These cases are complex and require informed testimony from another medical professional.

Premises liability deaths happen on someone else's property—a slip and fall, an assault because security was inadequate, or a fire because the building was not up to code. The property owner may be liable.

Product liability deaths result from a defective product—a car with a faulty brake system, a medication with undisclosed side effects, or a piece of equipment that fails. The manufacturer, distributor, or seller may be liable.

What to expect regarding costs and attorney fees

Most wrongful death attorneys in Brooklyn work on a contingency fee basis, meaning you pay nothing upfront. The attorney's fee comes from the money recovered—either through a settlement or a judgment at trial. The percentage typically ranges from 25 to 40 percent, depending on how far the case goes. A case that settles early may have a lower percentage; a case that goes to trial may have a higher one. The attorney should explain their fee structure clearly before you hire them.

Beyond the attorney's fee, there are case costs: filing fees, informed witness fees, court reporter fees for depositions, and costs to obtain medical records or police reports. Some attorneys advance these costs and deduct them from the recovery. Others ask you to pay them as they arise. Ask about this during your initial consultation.

If your case does not recover money, you owe the attorney nothing. This is the advantage of contingency representation—the attorney bears the financial risk, which means they will only take cases they believe have merit.

Frequently Asked Questions

Can I sue if the death was partly my family member's fault?

Yes. New York follows comparative negligence rules, meaning you can recover even if the deceased was partially at fault. However, if the deceased was more than 50 percent at fault, you cannot recover. Your attorney will evaluate the facts and advise you on whether a case is worth pursuing.

What if the person who caused the death does not have insurance?

You can still sue them personally, but collecting money may be difficult. Your attorney may pursue their personal assets or look for other liable parties who do have insurance—for example, an employer or property owner. Some cases involve the Uninsured Motorists Fund if a vehicle was involved.

How long does a wrongful death case typically take?

Cases that settle usually take one to three years. Cases that go to trial can take three to five years or longer. The timeline depends on the complexity of the case, how quickly evidence is gathered, and how crowded the court calendar is. Your attorney will give you a realistic estimate based on the specific circumstances.

Do I need to be a spouse or child to file a wrongful death claim?

In New York, spouses, children, and parents of the deceased can file. In some circumstances, other family members or dependents may have standing. Your attorney will determine who has the legal right to bring the claim based on your relationship to the deceased.

What if the defendant is a government agency or employee?

Claims against government entities follow different rules and shorter notice periods. You must file a Notice of Claim within 90 days of the death. Your attorney will handle this specialized process and navigate the additional requirements.