Wrongful Death Attorney in Brooklyn, NY

Fighting for Injured New Yorkers for 39+ Years

Brooklyn Personal Injury Attorney

What Our Clients Say

Who Needs a Wrongful Death Attorney in Brooklyn?

You need a Brooklyn wrongful death attorney if a family member died because someone else was careless, reckless, or negligent. That includes a spouse killed in a crash on the Belt Parkway, a parent who died after a construction accident in a rapidly developing Brooklyn neighborhood, a child who died due to a doctor's failure to diagnose a treatable condition, or a sibling killed by a defective product. Brooklyn wrongful death victims span every background and every type of accident. If your loved one would have had a viable personal injury claim had they survived, their estate may have a wrongful death claim now. We represent families in Flatbush, Crown Heights, Bay Ridge, Williamsburg, Sunset Park, Bushwick, East New York, and across Brooklyn.

Common Situations We Handle

Car and Truck Accidents on Brooklyn Roads

Brooklyn's most dangerous corridors, including the Belt Parkway, the Brooklyn-Queens Expressway, and the stretch of Atlantic Avenue near Pennsylvania Avenue, see serious and fatal crashes regularly. We represent families of drivers, passengers, pedestrians, and cyclists killed by negligent or reckless drivers, including commercial truck operators, rideshare drivers, and delivery vehicles.

Construction Site Deaths

Brooklyn is one of the most active construction markets in the country. Workers fall from scaffolding, are struck by falling objects, or are killed when contractors ignore required safety protocols. New York's Labor Law Section 240, the "Scaffold Law," creates specific liability protections for construction workers and their families that most other states do not provide.

Fatal Pedestrian and Bicycle Accidents

Busy intersections like Tillary Street and Flatbush Avenue, and high-volume corridors near the Brooklyn and Manhattan bridges, put pedestrians and cyclists at serious risk. When a driver fails to yield, runs a red light, or operates a vehicle while distracted, and someone dies, their family has the right to pursue a wrongful death claim.

Medical Malpractice Deaths

Hospitals, surgeons, emergency room physicians, and other providers throughout Brooklyn can be held responsible when their negligence causes a patient's death. Missed cancer diagnoses, botched surgeries, anesthesia errors, and failures to respond to deteriorating conditions are all situations our firm has handled.

Slip, Trip, and Fall Deaths

Elderly residents and others can sustain fatal injuries from falls caused by unsafe property conditions: broken stairs, unmarked wet floors, defective sidewalks, or negligently maintained common areas in Brooklyn's apartment buildings and commercial properties.

Defective Product Deaths

When a product, from a vehicle component to consumer goods to industrial equipment, is defectively designed or manufactured and causes a fatal injury, the manufacturer, distributor, or retailer may be liable under products liability law.

Why You Should Hire an Attorney for Wrongful Death Matters

Without legal representation, your family will face insurance companies and corporate defense teams whose only goal is limiting what they pay. They will try to minimize your loved one's projected earnings, dispute liability, shift blame onto the person who died, and offer settlements that fall far short of what your family actually lost. That power imbalance is real, and it is not fair.

Insurance adjusters are experienced at working with grieving families. They know that people in the middle of loss are vulnerable to quick settlements that feel like relief. Those early offers rarely account for the full value of lost income over a lifetime, the cost of raising children without a parent, or the financial security your loved one would have built.

When you hire Michael Gunzburg, P.C., you change that dynamic. Every case is prepared for trial from day one. Insurance companies know Michael Gunzburg's reputation for courtroom preparation and his willingness to take cases all the way through verdict. That reputation is not theoretical. He has argued appeals to New York's highest courts and secured multimillion-dollar outcomes when other avenues failed.

One client whose loved one died due to medical negligence described it this way: "They knew exactly what I was going through... I cannot tell you how thankful I was to find someone who understood."

Who Can Be Held Responsible?

Multiple parties can be responsible for a wrongful death in Brooklyn. The primary responsible party is whoever caused the fatal injury through negligence or wrongful conduct. A thorough investigation is required to identify every party that shares liability, because settlements and verdicts are shaped by how many defendants are involved and what insurance coverage is available.

Responsible parties in Brooklyn wrongful death cases may include:

• Negligent drivers, including commercial trucking companies and their employers
• Property owners and landlords who maintained unsafe conditions
• Construction site contractors, developers, and property owners
• Hospitals, physicians, surgeons, and other healthcare providers
• Product manufacturers, distributors, and retailers
• The City of New York or other government entities (with specific notice requirements)
• Rideshare companies when their drivers cause fatal accidents

When a government entity is involved, whether a city bus, a public hospital, or a poorly maintained street, the rules change significantly. A Notice of Claim must be filed within 90 days of the incident, not the death date. Missing that window almost always eliminates the claim entirely.

What You May Be Entitled to Recover for Wrongful Death Matters

New York's wrongful death statute allows the estate to recover economic losses suffered by surviving family members. These are financial in nature and include:

• Funeral and burial expenses
• Medical bills incurred between the injury and death
• Lost wages and financial support your loved one would have provided through their expected working life
• Lost inheritance, the money your loved one would have saved and passed on
• The value of services your loved one provided, including childcare, household maintenance, and parental guidance

New York also allows a separate survival action covering your loved one's conscious pain and suffering between the injury and death, which is distinct from the wrongful death claim itself and may significantly increase total recovery.

New York's wrongful death law does not allow beneficiaries to recover for their own grief or emotional anguish under current statute, though this remains an area of ongoing legislative discussion. An experienced attorney can help your family recover every category of damages the law currently permits.

Important Deadlines and Legal Rules

The statute of limitations for wrongful death in New York is two years from the date of death. That is a shorter window than the three-year limit for most personal injury claims, and it passes faster than families expect when they are deep in grief and estate matters.

If any government entity is involved, the window is even shorter. A Notice of Claim against the City of New York or another public authority must be filed within 90 days of the incident (not the date of death). Missing that deadline typically bars the claim permanently, regardless of how strong the case is.

Additional rules that apply to Brooklyn wrongful death cases:

• Only the personal representative of the deceased person's estate can file the wrongful death lawsuit in New York. If no executor is named, the Surrogate's Court in Kings County appoints one. We help families navigate this process.
• New York follows pure comparative negligence, so your family can still recover even if your loved one shared some fault. Recovery is reduced by their percentage of fault, not eliminated.
• Evidence disappears quickly. Surveillance footage is overwritten, accident scenes are cleared, and witnesses' memories fade. The sooner an investigation begins, the stronger the case.

Call 212-725-8500 now. Every day of delay is a day that works against your family.

What Happens After You Call Michael Gunzburg, P.C.

You speak directly with attorney Michael Gunzburg. Not a paralegal, not an intake coordinator. When you call a firm this size about something this serious, you should know who is handling your case from the first conversation.

Step 1: Free Consultation

Michael Gunzburg listens to your family's story, reviews whatever evidence you have available, and gives you an honest assessment of the claim. There is no charge for this meeting. You will leave the conversation understanding your legal rights and what the process looks like.

Step 2: Immediate Investigation

The firm begins gathering evidence right away. That includes police reports and autopsy records, surveillance footage before it is overwritten, witness statements while memories are fresh, medical records, and expert consultations on liability and damages. Wrongful death cases often turn on evidence that exists only briefly.

Step 3: Claim Filing and Deadline Management

Every legal document is prepared and filed within New York's strict deadlines, including the wrongful death lawsuit itself, any required Notice of Claim if a government entity is involved, and estate administration paperwork if needed. The firm handles every procedural requirement so your family does not have to.

Step 4: Aggressive Negotiation

Michael Gunzburg negotiates directly with insurance companies and defense attorneys. Because every case is trial-ready from the start, insurers understand that a lowball offer will be rejected and a jury will decide. That preparation consistently produces better settlements than firms who approach cases as matters to settle quickly.

Step 5: Trial If Necessary

If a fair settlement is not on the table, the case goes to court. Michael Gunzburg has tried numerous cases to verdict before Kings County juries and argued appeals through the Appellate Division, Second Department. Your family's case will be presented by an attorney who has done this for 39+ years, not handed off to a junior associate.

Benefits of Hiring a Wrongful Death Attorney

Your Family Recovers the Full Financial Picture

Insurance companies calculate damages narrowly. An experienced wrongful death attorney calculates them correctly, accounting for your loved one's projected lifetime earnings, the value of services they provided, future expenses your family now faces, and every category the law allows. In one case, the firm recovered $10.1 million for a family whose loved one was killed by falling ice, a case where building owners had known about the danger for years and done nothing.

Trial Preparation Changes What Insurers Offer

Cases prepared for trial from day one settle for more. Insurance companies are not charitable institutions. They respond to leverage. When they know a firm is capable and willing to take a wrongful death case through jury verdict in Kings County Supreme Court, their settlement offers reflect that reality.

You Have Direct Attorney Access Throughout

Michael Gunzburg returns calls within 24 hours. Clients are updated by phone and email throughout the life of the case. You will not spend months wondering what is happening with the most important legal matter your family has ever faced.

No Upfront Costs, No Fee Unless You Win

The firm covers all case expenses during litigation, including expert witnesses, investigators, court fees, and medical record retrieval. If the case does not result in recovery, your family owes nothing. The contingency arrangement means you have access to 39+ years of litigation experience regardless of your current financial situation.

Key Takeaways

• New York's wrongful death statute of limitations is two years from the date of death, shorter than most personal injury claims.
• If a government entity is involved, a Notice of Claim must be filed within 90 days of the incident, not the date of death.
• Only the estate's personal representative can file a wrongful death lawsuit in New York; the court in Kings County can appoint one if needed.
• New York follows pure comparative negligence, so recovery is possible even if your loved one shared some fault.
• Michael Gunzburg, P.C. has recovered $10.1 million in a wrongful death case involving falling ice and a $3.3 million settlement in a fatal medical malpractice matter.

Proven Results and Client Experience

Michael Gunzburg, P.C. has recovered multimillion-dollar results for Brooklyn and New York City families in wrongful death cases across a range of circumstances:

• $10.1 million settlement for a family whose loved one was killed by falling ice from a building whose owners had long been aware of the hazard
• $3.3 million in a wrongful death medical malpractice case where a 39-year-old patient died during an elective procedure due to the negligence of a plastic surgeon and anesthesiologist
• $2.85 million for a family whose loved one was struck and killed as a pedestrian in a crosswalk

Michael Gunzburg is a Brooklyn Law School graduate admitted to practice in the Appellate Division, Second Department, which covers Kings County. He has been a member of the Brooklyn Bar Association's legal referral panel since 1989. He is also a Certified Public Accountant, a credential that directly informs how the firm calculates and argues economic damages, including lost lifetime earnings and financial support.

As one client put it: "I do not think I could have found another lawyer who would have represented me with the same compassion, conviction, and determination."

Common Questions About Wrongful Death Cases in Brooklyn

Who can file a wrongful death lawsuit in New York?

Only the personal representative of the deceased person's estate can file a wrongful death lawsuit in New York. That person is typically named in the will. If there is no will, the Surrogate's Court in Kings County can appoint an administrator. The lawsuit is filed on behalf of the estate and benefits eligible family members, including a surviving spouse, children, and sometimes parents. Even if you are not the personal representative, you may still receive compensation through the estate's claim. We help families navigate the estate process so no one is left without representation.

How long do I have to file a wrongful death claim in Brooklyn?

You have two years from the date of death to file a wrongful death lawsuit against a private party in New York. That window is shorter than the three-year limit for most personal injury cases. If the death involved any government entity, such as a city vehicle, a public hospital, or an unsafe city-owned property, you must file a Notice of Claim within 90 days of the incident. Missing either deadline almost always ends the case permanently. Do not wait. Call 212-725-8500 to protect your rights now.

What damages can my family recover in a New York wrongful death case?

New York allows recovery of economic losses that family members suffered because of the death. That includes funeral and burial expenses, medical bills from the final illness or injury, the financial support your loved one would have provided through their expected lifetime, the inheritance they would have accumulated, and the value of services they performed for the family. A separate "survival action" may allow recovery for your loved one's conscious pain and suffering between the injury and death. New York's statute does not currently allow recovery for the surviving family's own grief, though this area continues to see legislative proposals.

What if the person who caused the death also faces criminal charges?

Civil and criminal cases are entirely separate. A criminal prosecution by the state can proceed at the same time as your family's civil wrongful death lawsuit. A criminal conviction may strengthen your civil case by establishing that the defendant acted wrongfully. A not-guilty verdict in a criminal case does not bar your civil claim, because the standards of proof are different. Many wrongful death cases succeed civilly even when no criminal charges are filed or when a defendant is acquitted.

What if my loved one was partly at fault for the accident?

New York follows pure comparative negligence. Your family can still recover even if your loved one was partially at fault. Recovery is reduced by the percentage of fault attributed to the decedent. For example, if a case is valued at $1 million and your loved one is found 20% at fault, the family recovers $800,000. Insurance companies routinely try to shift blame onto the person who died because they cannot defend themselves. We aggressively counter those tactics with evidence of the defendant's negligence.

How is the wrongful death settlement divided among family members?

The court determines how settlement proceeds are distributed among eligible distributees, typically based on each family member's financial dependence on the deceased. Surviving spouses and minor children generally receive the largest shares. The distribution is not automatic and is subject to court approval. We work with families to document each member's relationship and financial dependence on the deceased to support a fair distribution.

Why choose Michael Gunzburg, P.C. over a larger NYC firm for a Brooklyn wrongful death case?

Michael Gunzburg graduated from Brooklyn Law School and is admitted in the Appellate Division, Second Department, which is the appellate court covering Kings County. He has practiced before Kings County Supreme Court for nearly four decades. Large firms with generic NYC presences may be less familiar with how cases move through Brooklyn courts, which local judges expect, and how Brooklyn juries evaluate damages. At Michael Gunzburg, P.C., your case is handled by an attorney with 39+ years of experience, not passed to a junior associate. You have direct access, regular communication, and a lawyer whose reputation in Brooklyn courts matters.

How much does a wrongful death attorney cost?

Michael Gunzburg, P.C. handles wrongful death cases on a contingency fee basis. You pay nothing upfront. No attorney fees are owed unless the firm recovers compensation for your family. All case expenses, including expert witnesses, investigators, court costs, and medical record retrieval, are advanced by the firm. If the case does not result in a recovery, your family owes nothing. During your free consultation, the fee structure will be explained clearly and completely.

Can I file a wrongful death claim if the death happened months ago?

Yes, as long as you are within the two-year statute of limitations from the date of death. However, time matters for practical reasons as well as legal ones. Surveillance footage is overwritten quickly. Witnesses become harder to locate. Physical evidence is cleaned up or repaired. The sooner we begin investigating, the stronger the foundation we can build. If a government entity is involved, the 90-day Notice of Claim deadline may already be a concern. Call today to find out exactly where your family stands.

What if the at-fault party has little or no insurance?

This depends on the facts. If the at-fault party is an individual with minimal coverage, we investigate whether other parties share liability, including employers, property owners, product manufacturers, or other negligent actors. In vehicle accident cases, your own uninsured/underinsured motorist coverage may also apply. We identify every available source of compensation before advising a family on the realistic value of their case.

Areas We Serve

Michael Gunzburg, P.C. represents wrongful death families throughout Brooklyn and all five boroughs of New York City. In Brooklyn, we serve families in Park Slope, Flatbush, Crown Heights, Williamsburg, Bushwick, Bay Ridge, Sunset Park, East New York, Borough Park, DUMBO, Brooklyn Heights, Bed-Stuy, and Canarsie. Cases involving fatal accidents on the Belt Parkway, the BQE, Atlantic Avenue, Flatbush Avenue, and at dangerous intersections like Tillary Street and Adams Street are part of our practice. Cases in Kings County Supreme Court and the Appellate Division, Second Department are handled with deep familiarity. We also serve families in Manhattan, Queens, the Bronx, Staten Island, and Nassau and Suffolk Counties.

Other Personal Injury Services We Offer in Brooklyn

• Brooklyn Personal Injury Attorney — The full-service hub for injury cases across all practice areas in Brooklyn
• Brooklyn Car Accident Attorney — Representing drivers, passengers, and pedestrians injured in Brooklyn crashes
• Brooklyn Truck Accident Lawyer — Handling commercial truck and 18-wheeler accident claims
• NYC Construction Accident Attorney — Protecting injured construction workers under New York Labor Law
• NYC Pedestrian Accident Lawyer — Fighting for pedestrians struck by vehicles throughout NYC