Advocating for the Families of Wrongful Death Victims in Staten Island
In a wrongful death claim, families seek justice by holding a party responsible for the tragic loss of a loved one due to a fatal accident. Compensation for wrongful death requires proof that the responsible party’s negligent or wrongful conduct directly led to a relative’s untimely demise. By pursuing a wrongful death claim, surviving family members can obtain recourse for both economic and non-economic damages caused by the death, including medical expenses, emotional distress, and funeral expenditures.
If you have tragically lost a family member due to the negligence or wrongdoing of another, reach out to Wingate, Russotti, Shapiro, Moses & Halperin, LLP for legal assistance. Our Staten Island wrongful death attorneys are committed to providing the sound and compassionate legal guidance you need during this difficult time. We have more than 50 years of experience achieving financial recoveries for grieving families and have won over $2 billion for our clients.
Don’t hesitate—take the first step towards justice by calling us today at (212) 986-7353.
Accidents Associated with Wrongful Death Claims
Wrongful death is a civil claim available to family members of someone who perished due to another person’s negligent or otherwise wrongful conduct. This may result from a number of different scenarios and circumstances, including:
- Construction accidents: Hazardous conditions on construction sites can lead to workplace fatalities. The employer can be held liable for the loss of a loved one due to a workplace accident, which is covered by their workers’ compensation insurance.
- Car accidents: Devastating traffic collisions can fatally injure occupants. Negligent or reckless drivers can be held liable for the wrongful death of their passengers or another car’s occupants.
- Truck accidents: Accidents involving large trucks can lead to fatal catastrophic collisions. The truck driver, their employer, or the manufacturer of the truck may be held liable for the wrongful death of a loved one.
- Pedestrian accidents: Negligent or reckless conduct that leads to the death of a pedestrian determines liability for their wrongful death.
- Dangerous premises: Landlords who fail to maintain reasonably safe conditions on their premises or otherwise fail to warn about hazardous conditions may be held liable for any deaths caused by such conditions.
- Medical malpractice: Medical providers who fail to deliver due medical care resulting in the death of a patient may be held liable for their wrongful death.
Who Is Entitled to Compensation After a Fatal Accident?
In New York, certain individuals are entitled to compensation for the death of a relative, including:
- Spouses: The surviving spouse or domestic partner of a deceased individual is primarily eligible for wrongful death compensation.
- Children: In cases where there is no surviving spouse, the right to a wrongful death claim falls to the decedent’s children.
- Parents: If a minor child perishes, their parents may have the right to wrongful death damages. In certain cases, the parents of a deceased adult may be entitled to recover wrongful death compensation if they were financially dependent on their child.
- Personal representatives: In cases where there is no surviving spouse, child, or parent, the decedent’s personal representative may file a wrongful death on behalf of the decedent’s estate.
Importantly, siblings and extended family members do not qualify to recover compensation for wrongful death under New York law. Wrongful death claims must be filed within two years of the date of the death in question.
Available Forms of Compensation
Financial compensation is available to help surviving family members deal with the death of a loved one, including:
- Expenses incurred for medical care during hospitalization before passing
- Costs of burial or cremation
- Funeral expenses
- Lost earnings
- Benefits that would have been received from the deceased’s employment
- Loss of consortium
- Diminished inheritance
- Punitive damages for unlawful actions committed by the responsible party leading to the fatality
Other Locations We Serve in New York
Our Staten Island Wrongful Death Attorneys Are Here to Help
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we understand that no amount of money can truly compensate for the loss of a cherished family member. However, we also understand that compensation can help ease the financial burden associated with their passing. You should not have to endure the stress that comes with pursuing your legal rights.
Our lawyers can handle aspects of wrongful death litigation, including evidence gathering, witness preparation, settlement negotiations, and legal representation before legal proceedings. Our Staten Island personal injury lawyers have been rated "AV" by Martindale-Hubbell and recognized by Super Lawyers magazine. With over 50 years of combined experience, you can rely on us to guide you through the legal process and support you at every turn.
Reach out to us at (212) 986-7353 to schedule a free consultation. Let’s see how we can help.
Our Wrongful Death Case Results
$9.945 Million - Metal Object Dislodges and Kills Construction Worker
Noah Katz successfully represented a case involving a union construction worker died as the result of being struck by a metal object.
Noah Katz
$4.5 Million - Emotional Injuries Caused by Baby's Death
Phil Russotti recently obtained, by our research, the largest verdict, $4,500,000.00, ever rendered in the country for emotional damages for a mother who lost a child at childbirth.
Philip Russotti
$4.5 Million - Large Excavator Crushes and Kills Construction Worker Onsite
William Hepner settled a construction accident case involving a fatal excavator accident for $4.5 million at a mediation.
William Hepner
$4.5 Million - Wrongful Death of Construction Worker by Heat Stroke
WRSMH attorneys obtained a $4.5 million dollar settlement for the family of a construction worker who died as the result of heat stroke at a construction site.
William Hepner
$1.9 Million - Elevator Mechanic Killed on Job
Bryce Moses represented the family of an elevator mechanic who was killed while performing repairs in an elevator shaft when the elevator directly overhead crushed him.
Bryce Moses
$1.875 Million - Failure to Treat Electrolyte Imbalance
During jury selection in Westchester County, the firm settled a case involving the death of a 42-year-old Vice President for Blue Cross / Blue Shield.
WRSMH LLP
$1.8 Million - Medical Malpractice Wrongful Death
WRSMH obtained a $1,800,000.00 settlement in a wrongful death case involving the death of a 21 year old woman resulting from a hospital's failure to timely diagnose and treat postoperative bleeding.
WRSMH LLP
$1.75 Million - Failure to Diagnose Lung Cancer
During trial, the firm settled a medical malpractice case for $1.75 million arising out of the death of a 73 year old man as a result of defendants' failure to diagnose small cell lung cancer.
WRSMH LLP
$1.5 Million - NY Rail Road Accident
WRSMH attorney Bill Hepner settled this matter at the second mediation of this case, five days before he was to pick a jury and begin trial.
William Hepner
$1.45 Million - Wrongful Death
WRSMH attorney settled a case of liability during trial in the amount of $1,450,000. The case was against a Long Island trucking company, hospital, and surgeon for the pain and suffering and death of a 48 year old father.
WRSMH LLP
$925,000 - Medical Malpractice Wrongful Death Settlement
The firm obtained a $925,000.00 settlement in a medical malpractice/wrongful death case involving the death of a 48 year old woman as a result of a hospital's failure to diagnose and treat pulmonary embolism.
WRSMH LLP
The case involved the failure of defendants to diagnose and treat a pulmonary embolism and deep vein thrombosis, resulting in decedent's death several weeks later.
WRSMH LLP
$750,000 - Woman Struck and Killed by a Tractor Trailer
Kenneth Halperin obtained a settlement in the amount of $700,000 out of a $750,000 insurance policy for the estate of a 75 year old woman struck and killed by a tractor trailer.
Kenneth Halperin
$750,000 - Failure to Timely Diagnose Cancer of the Parotid Gland
The firm obtained a $750,000 settlement in a wrongful death case where there was a delay in the diagnosis of parotid cancer, which eventually caused the decedent's death
WRSMH LLP
$650,000 - Negligent Security at a Group Home for the Mentally Disabled
Attorney Ken Halperin settled this negligent security case during mediation for $650,000.00. The decedent was a 29-year-old resident of a group home for the mentally disabled.
Kenneth Halperin
$600,000 - Medical Malpractice Death Case
Prior to trial, the firm obtained a $600,000 settlement in a medical malpractice/wrongful death case arising out of the failure to diagnose uterine cancer in a 35 year old woman.
WRSMH LLP
$600,000 - Pedestrian Killed by Out of Control Vehicle on Strip Mall Sidewalk
WRSMH attorney, obtained a $600,000 settlement for the estate of a man who was killed by an out of control vehicle in a strip mall parking lot, which had jumped onto the sidewalk, striking and killing our client.
WRSMH LLP
$510,000 - Pedestrian Fatally Injured in Car Accident
Our client, a 74 year old woman suffering from significant dementia, was hit by a motor vehicle in the early morning hours. As a result of the impact our client passed away.
Paula Greco
$500,000 - Drowning at Amusement Park
WRSMH took a plaintiff's verdict on liability against a municipality in the drowning death of a 43 year old Korean male at a public lake.
WRSMH LLP
$450,000 - 74 Year Old Dies From Post-Surgical Complications
WRSMH attorney settled for $450,000 the case of a 74 year old man who died from severe post-surgical complications from what was to be routine hernia surgery.
WRSMH LLP