Homecrest Wrongful Death Lawsuits
When a Homecrest resident dies as a result of another party’s negligence — in a traffic crash, construction accident, medical malpractice incident, or any other preventable circumstance — the decedent’s personal representative may file a wrongful death action under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1. These claims compensate the family for their pecuniary losses and must be filed within two years of the date of death.
Wrongful Death Claims in Homecrest
Wrongful Death Claims in Homecrest
Wrongful death claims in Homecrest may arise from fatal traffic crashes on Kings Highway, Coney Island Avenue, or Ocean Avenue; fatal construction accidents at residential or commercial construction sites; medical malpractice at hospitals and clinics serving the area; fatal falls in apartment buildings or commercial premises; and nursing home deaths caused by abuse or neglect at facilities near Homecrest. Each type of fatal incident involves different liable parties and may have different filing deadlines — particularly where government entities are involved.
Wrongful Death Under New York Law
New York’s wrongful death statute, EPTL § 5-4.1, allows the personal representative of a deceased person’s estate to bring a claim for the family’s pecuniary losses. Recoverable damages include loss of financial support the decedent would have provided, loss of parental guidance for minor children, medical and funeral expenses, and the decedent’s conscious pain and suffering before death. New York does not currently allow recovery for grief, emotional distress, or loss of companionship in wrongful death actions — damages are limited to the family’s economic losses.
Two-Year Filing Deadline
Wrongful death claims must be filed within two years of the date of death under EPTL § 5-4.1. If a government entity is involved, a Notice of Claim must be filed within 90 days under General Municipal Law § 50-e. Missing either deadline can permanently bar the family’s right to compensation.
Need Help With a Wrongful Death Claim in Homecrest?
The Law Office of Irene H. Gabo, P.C. represents wrongful death victims throughout Homecrest and Brooklyn. Contact us for a free case evaluation – call (800) 560-0214 or click the button below to submit your information.
Get a Free ConsultationFrequently Asked Questions
Wrongful death claims must be filed within two years of the date of death under EPTL § 5-4.1. If a government entity is involved, a Notice of Claim must be filed within 90 days under General Municipal Law § 50-e.
Yes. New York follows a pure comparative negligence rule under CPLR § 1411. Your compensation is reduced by your percentage of fault, but you can still recover.
Depending on the circumstances, you may recover medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life.
