Wrongful Death

Determined legal assistance following tragic accidents

A "wrongful death" occurs when a person dies due to the negligence or misconduct of another individual, company or entity. At Rubin & Licatesi, P.C., our attorneys litigate wrongful death lawsuits on behalf of a decedent's immediate family members. Our skilled trial lawyers investigate fatal events, such as car accidents, medical malpractice, slip-and-falls and products liability. We assemble the evidence to hold negligent people accountable and secure compensation for grieving families.

The law regarding wrongful death in New York

A suit for wrongful death may only be brought by the personal representative of the decedent's estate on behalf of the estate's beneficiaries, such as the surviving spouse, children and sometimes parents. The conditions for filing a wrongful death claim are:

  • A death occurred.
  • The death was caused by the defendant's conduct that was negligent, reckless or intentional.
  • The deceased would have had a cause of action for personal injury if the injuries had not been fatal.
  • The decedent is survived by one or more persons who suffered a loss as a result of the death.
  • These losses, and loss to the estate, are compensable.

The lawsuit seeks compensation for losses to the decedent's estate as well as the losses the beneficiaries have sustained. Damages available include:

  • Reasonable funeral and burial expenses
  • Medical expenses related to the deceased person's final injury
  • Income lost between the time of the deceased person's final injury and death
  • The value of support and services the deceased provided to family members
  • The value of parental nurturing, care and guidance to surviving children
  • Lost inheritance suffered by surviving children
  • Conscious pain and suffering the deceased endured due to the final injury
  • Nine percent interest on damages, calculated from the date of death

The statute of limitations requires that a lawsuit be filed within two years of the decedent's death.

Whether your loved one has died due to a car accident, medical malpractice or other negligent actions, our experienced attorneys can help you get the damages you deserve.

Contact our Brooklyn attorneys for quality legal representation in your wrongful death suit

Rubin & Licatesi, P.C. handles wrongful death cases in Brooklyn, New York City, Long Island, Nassau County, Suffolk County and throughout New York State. We have successfully tried cases for more than 30 years. We offer free case evaluations and work hard to help you obtain the damages you and your loved ones deserve. Call us now at 516-227-2662 or contact our Brooklyn office online.