$300,000 Recovery - Wrongful Death - Settlement at Trial

Our client was the public administrator of Onondaga County. The decedent was a 76 year old woman who's vehicle was rear ended by a tractor trailer. She was pronounced dead at the scene. The Onandaga County Medical Examiner determined that the decedent survived for about 10 to15 seconds after the collision before she passed away. The decedent had no heirs at law and no income. The defendant contended that the decedent had no conscious pain and suffering after the accident before she passed away. The defendant's contention was bolstered by the fact that the decedent had no ash or soot in her mouth and lungs despite the car catching fire after the collision.

Wingate, Russotti, Shapiro & Halperin, LLP settled the case during trial in Albany County. After rejecting multiple offers made by the defendants before and during trial, the Onondaga County Public Administrator settled the case for $300,000. The firm was able to convince the defendants that the decedent was conscious after the accident and suffered excruciating pain and suffering for 2 to 4 minutes before she passed away.

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