Get Legal Help After the Loss of a Loved One in a New York Car Accident

All New York City traffic deaths are tragic for the victim's family, friends and community members. Victims' families experience significant financial hardship in addition to the emotional toll that losing a loved one takes on them. The first question family members ask after such a devastating loss is: Why? And often, the answer to that question will determine if negligence was a factor in the car crash.

The experienced New York wrongful death attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP have helped families of deceased car accident victims seek and obtain just compensation for their significant losses. If you have lost a loved one in a car accident, please contact us at (212) 986-7353 to obtain more information about pursuing your legal rights.

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What Is Wrongful Death in NY?

In order to receive monetary support after losing a loved one, New York City residents can file a wrongful death claim against the at-fault party. "Wrongful death" is a legal phrase that essentially means a death caused by someone else's negligence or wrongdoing. Therefore, when someone is solely responsible for his or her own death, it is tragic, but not necessarily "wrongful" under the law.

There are many forms of neglectful and dangerous driving that can lead to a wrongful death. Here are just a few examples of car accidents that can result in wrongful death claims:

  • Distracted drivers
  • Driving under the influence of alcohol and/or drugs
  • Speeding or driving at a speed that is dangerous given roadway, weather and traffic conditions
  • Violating the rules of the road such as running stop signs/red lights, failing to yield the right-of-way, making unsafe turns or unsafe lane changes
  • Inexperienced or elderly drivers
  • Driver fatigue

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Damages in New York Wrongful Death Cases

A wrongful death claim is a civil claim filed by the survivors of the victim. Usually, a wrongful death claim is filed by immediate family members, such as a spouse or child. Other family members, including parents, siblings and anyone who was financially dependent on the victim, can also file a claim. A wrongful death lawsuit is separate from the criminal proceedings that may be initiated in connection with a car accident.

For example, a DUI driver may be convicted in a criminal case. But the family of the deceased victim will not get any monetary compensation even if the driver may be punished by the court. Filing a wrongful death claim is often their only recourse. Victims' families can seek compensation for damages including medical expenses incurred by the victim, funeral and burial costs, lost future income, pain and suffering and loss of love and companionship.

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Call Our Compassionate New York Car Accident Fatality Attorneys

The experienced New York car accident death attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP understand the emotional and financial burdens families face after the loss of a loved one. We remain on their side, fight for their rights and help ensure that they are fairly compensated for their losses and that the responsible parties are held accountable. If you have lost a loved one in a New York City car accident, call us at (212) 986-7353 for a free and comprehensive consultation.

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Additional Information

Our Wrongful Death Case Results

$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, Jason Rubin

$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

WRSMH attorney 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

$1.75 Million - Failure to Diagnose Lung Cancer

During trial, Jason Rubin 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.

Jason Rubin

$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.


$925,000 - Medical Malpractice Wrongful Death Settlement

Jason Rubin 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.

Jason Rubin

$835,000 - Failure to Diagnose and Treat a Pulmonary Embolism and Deep Vein Thrombosis, Resulting Death

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.

Jason Rubin

$750,000 - Failure to Timely Diagnose Cancer of the Parotid Gland

Jason Rubin 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

Jason Rubin

$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

$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 - 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.


$600,000 - Medical Malpractice Death Case

Prior to trial, Jason Rubin 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.

Jason Rubin

$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.


$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.


$450,000 - Wrongful Death - Fall Injury

Plaintiff was a 62 year old woman who went to her friends' house for a barbecue. Defendants had recently renovated a wooden deck and had not yet fastened handrails to the deck stairs.

William Hepner

$300,000 - Fatal Vehicle Accident

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.


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