Wrongful Death Questions and Answers

Wingate, Russotti, Shapiro, Moses & Halperin, LLP is a respected New York law firm that represents personal injury and wrongful death clients. The rights of hundreds of seriously injured clients and surviving loved ones have been fought for and protected by our attorneys, resulting in the recovery of millions of dollars in compensation for the loss of their loved one. Please call Wingate, Russotti & Shapiro at (212) 986-7353 if your loved one has died as the result of the negligence of another to discuss your NY wrongful death case with one of our skilled attorneys.

What is wrongful death?

What is the classification of the wrongful death case?

What are the basics of the wrongful death lawsuit?

When do I have to file the wrongful death lawsuit?

Who may file the wrongful death lawsuit?

Q: What is wrongful death?

Wrongful death is one that is the result of negligence, recklessness, intentional or wrongful act. In the event of a wrongful death, a civil action make be taken.

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Q: What is the classification of the wrongful death case?

A New York personal injury claim, in which the offender is held responsible for the loss of love and financial support that he or she has caused the family of the victim, is defined as a wrongful death case. In a wrongful death claim the surviving relatives of the deceased may seek reparation for reimbursement of love, support, advice and companionship that has been lost as a result of the death, as well as medical and funeral expenses, and other costs related to the fatality.

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Q: What are the basics of the wrongful death lawsuit?

A wrongful death claim may be filed if the person died as the result of the full or partial negligence or intentional behavior of the defendant. A surviving child, spouse, or a dependent is necessary who can make a claim to recover damages for the untimely loss of his or her loved one.

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Q: When do I have to file the New York wrongful death lawsuit?

In every state there is a "statute of limitation," which is a guideline for how long individuals have to file certain kinds of lawsuits. The timeline for filing a wrongful death claim typically begins following the death of the victim. The statute of limitation to file a wrongful death claim in New York is two years from the date of the fatality. There are often different provisions on these statutes of limitations which make specific exceptions that may alter the amount of time allowed to file a claim. The claim may be denied if not filed within this time frame, so it is imperative to file your claim as soon as possible.

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Q: Who may file the wrongful death lawsuit in NY?

Often, immediate family members may file a wrongful death claim following the death of their loved one. Members of the immediate family including children, spouses, and parents may have a right to bring a wrongful death lawsuit, depending upon who survives the deceased family member. Children under the age of 18 may call for a "guardian ad item" in court to protect his or her interests.

If your loved one has been the victim of a wrongful death in New York, please contact the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353 to discuss your case immediately.

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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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