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 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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.