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 $1 billion for our clients.
Don’t hesitate—take the first step towards justice by calling us today at (212) 986-7353.
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.
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.
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
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.