DID YOU LOSE A LOVED ONE IN AN ACCIDENT OR DUE TO THE NEGLIGENCE OF SOMEONE ELSE?
The lawyers at our Law Firm Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf in New York wrongful death attorneys are experts in helping families who have gone through a terrible loss. They have a special skill in supporting people affected by a death caused by an accident or someone else’s carelessness. If you have lost a loved one in this way, please contact us for a free meeting to talk about your situation.
OUR WRONGFUL DEATH ATTORNEYS NEVER GIVE UP IN THE FACE OF INJUSTICE
In February of last year, our experienced attorneys were successful in making a change to the law so that the grandmother of a 2-year-old girl could get the fairness she deserved. The little girl sadly passed away when debris from a building on the Upper West Side of Manhattan fell on her. The grandmother and the girl were taking a walk together, and they sat on a bench in front of a building. Unfortunately, a part of the building’s front fell from a height of 8 stories and caused the child’s death by crushing her.
The grandmother went through a lot of sadness and pain because of what happened, but the law didn’t see her as a very close family member. Because of this, the Appellate Division decided that she couldn’t get any money to help her with the suffering she experienced when she saw her beloved 2-year-old granddaughter die. However, our lawyers, who are some of the best in New York State, disagreed with the Appellate Division’s decision. They took the case to the State Court of Appeals, and the Court changed the decision. Now, a group of people called a jury will decide how much money the grandmother should get because of this terrible accident.
WHAT IS A WRONGFUL DEATH CLAIM?
If someone dies because of someone else’s careless actions, it can lead to a wrongful death claim. In a wrongful death case, a person who is in charge of handling the affairs of the person who passed away has the right to file a lawsuit against the people responsible for causing the death. A wrongful death case can happen in different situations, like when someone gets hurt because of medical mistakes, car crashes, accidents at construction sites, plane crashes, and other types of harmful actions.
WHY IS IT IMPORTANT TO HIRE THE BEST NEW YORK WRONGFUL DEATH ATTORNEY WITH BOTH THE EXPERIENCE AND THE EXPERTISE?
Losing someone we love is a very sad and difficult thing to go through. We understand that it’s crucial to help our clients with basic legal matters that come up after a death. We also know how important it is to fight hard in a wrongful death case to get full financial compensation. The laws in New York for wrongful death cases are complex, but our lawyers have the knowledge and skills to put together a strong case against everyone who acted negligently.
WHAT IS THE PECUNIARY LOSS STATUTE IN NEW YORK?
In New York, there are specific laws that govern wrongful death cases. These laws are part of The New York Estates, Powers, and Trust Laws (EPTL). One section of the EPTL called “Action by the personal representative for the wrongful act, neglect or default causing the death of decedent” (Section 5-4.1), gives the legal representative of the person who passed away the right to bring a wrongful death lawsuit. Another section, called “Amount of recovery” (Section 5-4.3), determines how much compensation can be obtained. This law focuses on financial losses. To make a successful claim, the legal representative of the deceased person needs to prove that the family suffered financial losses, such as loss of financial support from the person who died. In cases where a parent dies and leaves behind a spouse and dependent children, the family can also claim for other losses, like the loss of parental care and guidance. Similarly, if a child dies, the parents can claim for the loss of their services. It’s important for the lawyer to understand the limitations of these laws and carefully prepare the case to present all the financial losses in order to get the highest possible compensation. That’s why we work with expert economists and financial analysts who help us assess future costs accurately. They help us calculate things like lost wages, the cost of care, and other monetary expenses, as well as the pain and suffering involved. By working together, we aim to achieve the best possible outcome for our clients.
Who Can File a Wrongful Death Claim in New York?
It’s important to know that not everyone has the legal authority to file a wrongful death lawsuit following a fatal accident. Specifically, only the designated “personal representative” of the victim’s estate, who manages their affairs, has the right to file such a claim. However, this claim is filed on behalf of the surviving beneficiaries of the victim. These beneficiaries can include:
- A spouse
- Children
- Parents
In general, immediate family members have the potential to benefit from a wrongful death lawsuit.
WHAT ARE SOME OF THE NOTABLE WRONGFUL DEATH VERDICTS AND SETTLEMENTS ACHIEVED BY THE ATTORNEYS
The wrongful death lawyers at our personal injury law firm in NYC who handle wrongful death cases have been successful in getting very large settlements and verdicts in New York and New Jersey. Here are some examples of notable results they have achieved:
- There was a fire at Stouffer’s Hotel in Westchester County. In this case, where people lost their lives, we represented the families of 11 members of a Fortune 500 Company’s Board of Directors. It was a wrongful death case. The case was resolved through a settlement for an amount exceeding $50,000,000.
- The family of a 43-year-old City sanitation worker who was tragically killed by a street sweeper received a verdict of $41,500,000. The worker experienced intense pain for a few minutes before passing away from his injuries. This verdict was the highest amount awarded for a wrongful death case in New York State in the year 2017.
- The family of a 35-year-old woman who was walking and got hit by a truck on 6th Ave. in Manhattan received a settlement of $26,000,000. This is considered the biggest settlement ever in New York for the wrongful death of a single person.
- The wife of a parking garage worker who tragically died after falling from a man lift while on the job received a verdict of $12,500,000 in this wrongful death case.
- The family of a 40-year-old woman and mother who lost her life in a gas explosion at her home in Queens, New York, received a settlement of $12,400,000 for her wrongful death.
- A man passed away at a hospital because of negligent care after his colon resection surgery. The family received a settlement of $9,000,000 for his wrongful death. Additionally, another man lost his life in an explosion caused by a faulty propane tank, leading to a settlement of $6,500,000 for his wrongful death.
- In a case involving a drunk driver, a 23-year-old woman was injured and later passed away. Her family received a settlement of $8,000,000 for her wrongful death. She left behind a 4-year-old child.
- A father lost his life in a car accident, and his family received a settlement of $5,000,000 for his wrongful death.
- In this wrongful death case, a bar allowed a man to keep drinking alcoholic beverages even though he was going to drive afterward. The intoxicated man ended up driving and causing a fatal accident, resulting in the death of a father who had two children. A settlement of $5,000,000 was reached in this case.
- The widow of a doctor who was riding his bicycle on the Green Way on the West Side and got hit by an N.Y.P.D. tow truck received a recovery of $5,000,000 in a wrongful death case in New York County. The tow truck made a right turn onto the path and collided with him. It’s important to note that the doctor was not wearing a helmet at the time of the accident.
- A verdict of $4,800,000 was reached for the wrongful death of an 8-year-old child. The child lost their life due to the negligence of a truck driver.
- A recovery of $3,500,000 was obtained in Suffolk County for the death of a DEA agent. The agent tragically lost his life when the cesspool at his home collapsed.
- A verdict of $3,025,000 was awarded for the wrongful death of a woman involved in a car and bus accident in New York. The verdict was affirmed by the New York Appellate Division, Second Department.
- A settlement of $2,975,000 was reached for the wrongful death of a construction worker in New York. The worker lost his life when a 3000-pound concrete wall panel fell on him. This happened because the hoist that was supposed to secure the wall panel broke, as it was not strong enough to hold the weight.
- A recovery of $2,600,000 was obtained for the death of a man who was sitting in a restaurant and got hit by a car. The car crashed through the window, resulting in the man’s tragic passing.
- A settlement of $2,200,000 was reached in a construction accident case involving the death of a laborer. The settlement was obtained on behalf of the laborer who lost his life in the accident.
- A settlement of $1,000,000 was reached for the wrongful death of a delivery driver. The driver passed away due to medical malpractice by two cardiologists.
If you have experienced the loss of a loved one due to an accident, medical malpractice, or a defective product, we kindly encourage you to reach out to our firm. We would be glad to discuss your case and provide you with the necessary guidance and support.
Disclaimer: Every case is unique and its result depends on the facts and circumstances of that case. We cannot guarantee any outcome for a legal matter. The testimonials or verdicts listed on this site are real cases we have worked on and they reflect what we were able to accomplish in those specific cases. They should not be seen as promising, ensuring or predicting success in another lawsuit.