Manhattan Wrongful Death Lawyers

Are You in Need of a Manhattan Wrongful Death Attorney?

Losing a loved one unexpectedly is a devastating experience, especially when that loss is caused by someone else’s negligence or wrongdoing. In Manhattan, families dealing with the sudden death of a parent, child, or spouse often face emotional heartbreak and overwhelming financial burdens.

Our wrongful death attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have decades of experience helping grieving families in Manhattan and across New York hold negligent parties accountable. We pursue justice through civil action, helping survivors recover the compensation they need to move forward.

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Why Choose Us Over Other Wrongful Death Attorneys in Manhattan

At WRSMH, we understand that no amount of money can replace what was lost. But holding the responsible parties accountable can bring a measure of justice. We have decades of experience handling high-stakes wrongful death claims arising from construction accidents, motor vehicle collisions, unsafe premises, and other types of careless behavior.

Here’s why so many people have come to trust our firm:

• Over $2 billion recovered for clients throughout New York – including families in wrongful death actions.
• Named one of the Best Law Firms by U.S. News & World Report – recognized for excellence in personal injury litigation.
• More than 50 years of experience – we have successfully represented thousands of injured clients and bereaved families.
• Attorneys rated 10.0 Superb by Avvo – for professionalism, client service, and legal skill.
• Members of the Multi-Million Dollar Advocates Forum – highlighting results in high-value litigation.
• Individualized attention and dedicated client care – your family is never just a case number.
• We prepare every case as if it will go to trial – ensuring we’re ready to fight for the outcome you deserve.
• No fee unless we win – you pay nothing unless we secure compensation on your behalf.

The Search for Justice Begins With One Call

Reach out to WRSMH at (212) 986-7353 for a free case review.

Notable Wrongful Death Cases

$9.945 million: Construction Struck by a Metal Object.

$5 million: Construction Worker Killed When Trench Walls Collapsed.

$1.9 million: Elevator Mechanic Killed on the Job.

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What Is a Wrongful Death?

Under New York law, a wrongful death occurs when a person dies as the result of another party's negligence, recklessness, or intentional misconduct. These cases are civil lawsuits, separate from any criminal charges that may be filed.

The purpose of a wrongful death lawsuit is to provide financial compensation for the losses resulting from a loved one’s death. This includes both economic damages, like lost income and funeral costs, and non-economic damages, such as loss of companionship and emotional support.

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How a Manhattan Wrongful Death Lawyer Can Help

• Investigating the cause of death to establish liability
• Collecting and preserving key evidence, including expert witness reports
• Filing the appropriate legal claims on behalf of the estate and family members
• Calculating damages to reflect the full impact of the loss
• Negotiating with insurance companies and responsible parties
• Taking the case to trial if a fair settlement is not offered

Our goal is to lift the legal burden off your shoulders so you can focus on your family and begin the healing process.

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Do You Have a Legitimate Case?

We offer free consultations to help families determine if their situation qualifies for a wrongful death lawsuit.

If your loved one died due to someone else’s carelessness or misconduct, you may have a legitimate wrongful death claim. To qualify, your case must typically show:

• A death occurred
• It was caused by the wrongful act or negligence of another party
• The decedent could have pursued a personal injury claim if they had survived
• Surviving family members have suffered a measurable loss as a result
• A personal representative is appointed to bring the claim

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How to File a Wrongful Death Claim

In New York, only the personal representative of the deceased's estate may file a wrongful death claim. This individual is often named in the will or appointed by the Surrogate's Court.

The process typically involves:

1. Filing a petition to be appointed as personal representative (if not already appointed)
2. Investigating the cause of death and identifying defendants
3. Preparing and filing the wrongful death lawsuit in civil court
4. Engaging in discovery and settlement negotiations
5. Proceeding to trial if necessary

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Who Is Eligible to Receive Compensation?

While the estate's personal representative files the claim, the damages are awarded to surviving family members, such as:

• Spouses
• Children
• Parents (if the deceased had no spouse or children)
• Other dependent relatives (in limited circumstances)

Courts distribute compensation based on the degree of financial and emotional loss each relative experienced. We work closely with families to make sure all eligible survivors are accounted for.

Your Family Deserves Answers

We’ll handle the legal process while you focus on healing. Call (212) 986-7353 to learn more today.

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Who Can Be Held Liable?

Responsibility in wrongful death cases can fall on a variety of parties depending on how the death occurred. Examples include:

• Negligent drivers in fatal car or truck accidents
• Property owners who failed to address hazards
• Employers or site managers in fatal construction accidents
• Manufacturers of defective machinery or products
• Transit companies involved in fatal bus or train incidents

Our firm conducts a full investigation into the cause of death and pursues claims against every responsible party.

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Types of Wrongful Death Cases We Handle

At WRSMH, we have decades of experience handling wrongful death claims involving a wide range of fatal accidents in Manhattan and throughout NYC.

Workplace Accidents

In addition to construction, we handle workplace fatalities in warehouses, factories, and other job sites. We explore both workers’ compensation death benefits and potential third-party lawsuits.

Car Accidents

We represent families of pedestrians, drivers, and passengers killed by reckless, distracted, or intoxicated drivers on Manhattan’s busy streets.

Semi-Truck Accidents

Due to their size, commercial trucks often cause fatal injuries in collisions. We take on trucking companies, drivers, and insurers to pursue justice.

Motorcycle Accidents

Motorcyclists are particularly vulnerable in crashes. When a fatal motorcycle accident occurs due to another motorist’s negligence, we fight to hold them accountable.

Bus Accidents

We represent victims of fatal MTA bus accidents, tour bus collisions, and private carrier incidents involving negligent operation or maintenance.

Train Accidents

When safety protocols are ignored by transit authorities or rail companies, train accidents can result in multiple fatalities. We investigate these cases fully.

Construction Accidents

Fatal falls, scaffolding collapses, equipment failures, and site hazards are tragically common in NYC construction. We represent families of workers who lost their lives due to violations of Labor Law or OSHA regulations.

Premises Liability

Slip-and-fall deaths, fatal structural collapses, or unsafe building conditions may create liability for property owners or managers.

Ceiling Collapse

Landlords and building owners can be held liable for deaths caused by ceiling collapses due to neglect, water damage, or improper construction.

Defective Products

If a faulty product or mechanical failure caused the fatality, we may pursue a product liability case against the manufacturer or distributor.

Pedestrian Accidents

New York City has one of the highest rates of pedestrian fatalities in the country. We help families seek justice when loved ones are killed in crosswalks or sidewalks.

Acts of Violence

Acts of violence such as assault, robbery, or other criminal behavior can tragically lead to the wrongful death of an innocent person. When this happens, surviving family members may have the right to pursue a civil claim against the responsible individual or any third party whose negligence contributed to the incident.

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What Damages Are Available?

A successful wrongful death claim in New York may include compensation for:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost wages and benefits the deceased would have earned
• Loss of support and services to family members
• Loss of parental guidance and care
• Loss of inheritance
• Conscious pain and suffering endured by the deceased before death (in a survival action)

New York law does not currently allow recovery for the emotional grief of surviving family members, but our attorneys work to recover every available dollar for tangible losses.

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What Clients Are Saying About Us

I would highly recommend this law firm to anyone-Patrick McFadden (5-Star Google Review)

Ken Halperin and Noah Katz did an impeccable job in resolving my case! They were thorough, courteous professional, compassionate and efficient every step of the way. I felt very competent and secure knowing they were handling a very important part of my future. I would highly recommend this law firm to anyone in need of true quality care and real results in a timely manner!

From the bottom of my heart, thank you-Brittany Sammut (5-Star Google Review)

This is to Konstantin Burshteyn and team. From the bottom of my heart, thank you. Genuinely and purely appreciate you and the hard work that was put in these last 4 years with my case. Working ruthlessly, tirelessly, listening diligently to all of my complaints and issues, and making sure I am heard and taken care of properly. You guys gave me a future my family and I will forever be grateful and thankful for. A weight has lifted and I see peace in my future. Konstantin Burshteyn’s team. They made it possible for me. Thank you.

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Case Results

$5 Million Settlement - Staten Island Construction Worker Killed When Trench Walls Collapse

Attorneys Clifford Shapiro and Kenneth Halperin secured a $5,000,000 settlement for the family of a construction worker who was fatally injured in a trench collapse on Staten Island. The worker left behind a wife and five young children. The trench, dug on a New York City street without adequate shoring, led to the worker’s death. Unable to sue the worker's employer due to Worker’s Compensation laws, Halperin pursued a case against the City of New York, successfully obtaining a summary judgment by leveraging expert evidence. Clifford Shapiro subsequently negotiated the substantial settlement with the City, affirming the family's rights, despite their undocumented status, to compensation for their loss.

$3.5 Million Settlement - Medical Malpractice/Wrongful Death for Failure to Diagnose

Wingate, Russotti, Shapiro, Moses & Halperin, LLP secured a $3.5 million settlement for the family of a 34-year-old man whose acute coronary syndrome was misdiagnosed, leading to his fatal heart attack months later. Despite presenting to the hospital with chest pain and risk factors like hyperlipidemia, obesity, and smoking, the patient was not given an EKG, bloodwork, or cardiac evaluation. Initially misdiagnosed with musculoskeletal pain and later costochondritis, his condition went uninvestigated. Ten months later, he suffered a heart attack at work and could not be revived. An autopsy revealed total occlusion of the left anterior descending artery. The claim argued that proper cardiac diagnostics at any earlier visit could have identified the obstructive coronary artery disease that led to his death.

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Other Locations We Serve in New York

• Bronx
• Brooklyn
• New York City
• Queens
• Staten Island

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Talk to an Experienced Manhattan Wrongful Death Lawyer Today

You don’t have to go through this alone. If you’ve lost a loved one due to someone else’s negligence, the legal team at Wingate, Russotti, Shapiro, Moses & Halperin, LLP is here to help. We offer the compassionate representation your family deserves.

Call (212) 986-7353 to schedule a free consultation.

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Wrongful Death FAQs

What qualifies as a wrongful death in New York?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional misconduct of another party. Common causes include fatal car accidents, construction site injuries, medical malpractice, defective products, or unsafe property conditions.

Who can file a wrongful death lawsuit in New York?

Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New York. This person is either named in the deceased’s will or appointed by the court. The claim is brought on behalf of the surviving family members and the estate.

What types of compensation are available in a wrongful death case?

Compensation may include funeral and burial expenses, medical costs related to the final injury or illness, loss of income and benefits, loss of parental guidance, and the value of services the deceased would have provided. In some cases, compensation for conscious pain and suffering before death may also be available.

Can I pursue a wrongful death claim if there is also a criminal case?

Yes. A civil wrongful death claim is separate from any criminal charges and can proceed regardless of whether a criminal conviction is obtained. You can seek financial compensation even if the at-fault party faces criminal prosecution.

Which family members recover compensation?

While only the personal representative files the claim, damages are distributed to eligible surviving relatives such as spouses, children, and parents based on their level of dependency and financial loss.

What does it cost to hire WRSMH for a wrongful death case?

We work on a contingency fee basis, meaning there are no upfront costs and no legal fees unless we win compensation for your family. Your initial consultation is free and confidential.

How can a wrongful death attorney help my family?

An experienced attorney can investigate the cause of death, gather critical evidence, identify all liable parties, calculate the full value of your losses, negotiate with insurance companies, and take the case to trial if necessary.

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Meet Our Manhattan Wrongful Death Attorneys

Kenneth J. Halperin

Kenneth J. Halperin is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he focuses his practice on representing individuals who have suffered serious injuries due to construction accidents, motor vehicle collisions, premises liability, and other acts of negligence., Mr. Halperin has earned a reputation as a skilled and relentless trial attorney who delivers results for injured New Yorkers.

Clifford H. Shapiro

Clifford H. Shapiro is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he brings over years of experience to the representation of seriously injured clients across New York. His practice focuses on complex personal injury litigation, including construction accidents, premises liability, motor vehicle collisions, and catastrophic workplace injuries.

Bryce Moses

Bryce Moses is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he represents clients in complex personal injury cases involving construction accidents, motor vehicle collisions, premises liability, and other serious incidents of negligence. Mr. Moses is a proven trial attorney known for his calm, strategic approach and dedication to achieving justice for injured New Yorkers.

Philip Russotti

Philip Russotti is a senior partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP and one of New York’s most accomplished and respected trial attorneys. Mr. Russotti has built a reputation for winning high-stakes, high-value personal injury and medical malpractice cases throughout New York State.

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