Losing a loved one because of someone else’s negligence is a heartbreaking and life-altering experience. While nothing can make up for such a loss, you may have the right to hold the at-fault party accountable and seek justice on behalf of your family. A Brooklyn wrongful death lawyer from Aviles Law Firm PLLC can take on the legal burden so you don’t have to face it alone.
Our Brooklyn personal injury lawyers understand how devastating this time can be. Our lawyers are here to support you with care, respect, and over 100 years of combined legal experience. Our attorneys have helped clients recover more than $1 billion—and we’re ready to help your family, too. Contact us today for a free, compassionate consultation.
Does My Loved One’s Death Support a Wrongful Death Action in Brooklyn, NY?
Anytime someone else’s intentional, reckless, or careless actions cause serious injuries or death, those who suffer losses have a right to take legal action under New York law. Our attorneys help victims’ families pursue many types of wrongful death cases, including those based on:
- Construction Accidents: A contractor, property owner, or equipment manufacturer may be liable if unsafe conditions or negligence caused the injury and death.
- Truck Accidents: The truck driver, trucking company, vehicle maintenance provider, or manufacturer may be responsible.
- Car Accidents: Another driver is usually responsible. However, a vehicle manufacturer’s negligence could play a role.
- Aviation Accidents: An airline, pilot, aircraft manufacturer, maintenance company, or airport authority may be responsible.
- Premises Liability: A property owner, lessee, or maintenance company may be liable if you slipped and fell because they failed to keep the property safe.
- Medical Malpractice: A doctor, nurse, hospital, clinic, or other healthcare provider may be liable for medical negligence or careless errors.
When it comes to wrongful death actions, New York law only allows the personal representative of the estate to file a lawsuit. This party (the executor or administrator) must be recognized by the courts and will act on behalf of the surviving family members, who receive any compensation recovered based on the applicable New York laws.
What Types of Compensation Are Available in a Brooklyn, NY, Wrongful Death Case?
While money will never ease the pain of losing a beloved family member, it can help reduce stress and uncertainty as you adjust to life without their support. Common recoverable damages include:
- Costs for the care they needed before their passing
- Funeral and burial expenses
- Lost wages and benefits from the victim
- The value of the services they provided to the household
- Conscious pain and suffering they experienced before death
Note: New York law allows recovery of financial losses in these cases. Compensation for surviving family members’ grief or emotional distress is not available under current law.
Why Choose the Brooklyn Wrongful Death Attorneys at Aviles Law Firm PLLC
At Aviles Law Firm PLLC, we have built a reputation for taking on the most challenging and complex cases, including high-profile matters and those involving large corporations. We prepare every case as if it will go to trial, leveraging courtroom experience to build robust support for your claim. Expect proactive investigation, meticulous documentation of damages, steady communication, and prompt answers to your questions.
As one of the most successful Hispanic-owned personal injury law firms in New York, we’ve secured significant payouts across the state. Our bilingual team represents diverse Hispanic backgrounds and cultures. Our accolades include:
- American Institute of Trial Lawyers’ Best Law Firm, 2024 and 2025
- The National Institute of Trial Lawyers’ Best Trial Lawyer in America, 2024 and 2025
- Best of the Best Attorneys, Top 10 Personal Injury Law Firm, 2023 and 2025
- Attorney and Practice Magazine’s Top 10 Personal Injury Law Firm, 2022 and 2025
- TopVerdict.com United States Top 10 Bench Award for All Practice Areas, 2021 and 2025
No upfront fees. We represent families on a contingency fee basis—you pay nothing upfront. We only get paid after we win compensation for you through settlement, litigation, or arbitration.
When Should I Call a Brooklyn Wrongful Death Attorney About My Case?
When you lose a loved one, money is the last thing you want to think about. Our team can shoulder the legal process so you can focus on your family. Acting quickly is important for several reasons:
- Managing Time Limits: New York has a strict statute of limitations for wrongful death claims—generally two years from the date of death (EPTL 5-4.1).
- Preserving Evidence: Early action helps secure key evidence (videos, photographs, witness statements, vehicle data) before it’s lost or memories fade.
- Protecting Your Rights: Immediate legal guidance helps you avoid missteps—such as recorded statements or lowball offers—that can harm your claim.
- Possibly Maximizing Compensation: A prompt, thorough investigation identifies all liable parties and the full scope of damages.
Our team believes in justice. We will fight to hold at-fault parties accountable and pursue the compensation your family needs and deserves.
Talk to Our Team About Your Loved One’s Brooklyn, NY, Wrongful Death Today
Contact us today. We provide free case evaluations for families who lost someone because of another party’s careless, reckless, or intentional actions. Learn how a Brooklyn wrongful death lawyer from Aviles Law Firm PLLC can handle your case. We have someone available now to take your call.
Frequently Asked Questions (FAQs) About Wrongful Death Cases in Brooklyn
How Much Is a Wrongful Death Attorney?
Our Brooklyn wrongful death attorneys work on a contingency fee basis. There are no upfront costs. Your attorney receives a percentage of your settlement or verdict, and only if we win compensation for you. We can explain the details during your free consultation.
Who Can Sue for Wrongful Death in New York?
Only the personal representative of the victim’s estate can file a wrongful death lawsuit in New York. The case is brought for the benefit of surviving family members (e.g., spouse, children, parents). These individuals cannot file the lawsuit themselves unless they have been appointed as the personal representative.
What Are the Odds of Winning a Wrongful Death Lawsuit?
Outcomes depend on the specific facts, available evidence, and liability issues. Strong proof of negligence and clear documentation of financial losses can significantly improve your chances. At our firm, we have a 99.99% success rate in securing compensation for our clients. While past results reflect our commitment and skill, every case is different and no outcome can be guaranteed.
What Kind of Lawyer Handles Wrongful Death?
A personal injury attorney with experience in wrongful death cases handles these claims. Our team understands New York’s wrongful death statutes and the litigation process required to prove liability and damages.
How Long Does a Brooklyn Wrongful Death Case Take?
Timelines vary based on complexity, disputes over fault or damages, and whether litigation or trial is necessary. Some matters resolve quickly when liability is clear and the insurer offers fair compensation; others take longer if a lawsuit and jury trial are required.
