flowers at grave

What is Wrongful Death?

During a wrongful death claim families hold an at-fault party accountable for the death of a loved one in a fatal accident. The type of accident generally does not matter as long as it can be proven that the responsible party’s negligent or wrongful actions caused the death. Through a wrongful death claim, the survivors may pursue compensation for the economic and non-economic damages caused by the death, such as medical bills, pain and suffering, and funeral costs.

wrongful death infographic

Unfortunately, devastating accidents happen every day across New York that tragically cut someone’s life short. Wrongful death lawsuits can involve a wide range of fatal accidents, such as auto accidents, crimes, dangerous premises, medical malpractice, worksite accidents, and more.

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Am I Eligible to File a Wrongful Death Claim in NY?

In order to be eligible to file a NY wrongful death claim, you must be a statutory beneficiary of the deceased person. This means that immediate family members, including a spouse, children, or parents are eligible for compensation. An attorney will act on behalf of the family to present evidence and testimony to prove the responsible party is at-fault and that the death was a direct result of the accident.

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What Damages Can be Recovered After a Wrongful Death?

While legal action cannot erase such a tragic loss, it is possible to obtain significant financial compensation to assist with life after the death of a loved one. The immediate family members can claim the following damages:

  • Medical costs related to hospital care prior to death
  • Burial or cremation expenses
  • Funeral costs
  • Lost expected wages
  • Lost benefits from deceased’s work
  • Loss of consortium
  • Loss of inheritance
  • Punitive damages for crimes committed by the at-fault party that caused the death

With a significant financial settlement, the family can focus on healing without worrying about paying for past losses or future expenses related to the death.

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Our Wrongful Death Case Results

$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

$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.


$1.8 Million - Medical Malpractice Wrongful Death

WRSH partner Jason Rubin 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.

Jason Rubin

See All Case Results

Defending Your Right to Compensation

The compassionate lawyers at Wingate, Russotti, Shapiro & Halperin, LLP have extensive experience handling wrongful death cases on behalf of clients who have lost a family member in catastrophic accidents. We understand that money cannot erase the loss you have suffered, but it can help relieve the financial burdens that may interfere with your ability to grieve. Please contact WRSH online or by calling (212) 986-7353 to receive a free and comprehensive consultation to help you make an informed decision about your circumstances.

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