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Wrongful Death FAQ

What is a wrongful death claim?

A wrongful death claim is a claim filed by the survivors of someone who has died because of someone else's negligence.

Who has the right to bring a wrongful death claim?

Parents, spouses and children are eligible to file a claim, although minors may need an adult guardian to bring a lawsuit. In some cases, other family members or legal dependents may also have the right to file a wrongful death claim.

Can I receive compensation for my emotional distress following the wrongful death of a relative?

Unfortunately, the law in New York does not permit a person to recover for the emotional injury suffered from the death of a loved one, except in special situations in which a family member witnesses the serious injury or death of a loved one. In such cases, the family member who was within the "zone of danger" at the time of the accident may be able to recover damages for emotional distress.

There can, however, be recovery for the pain and suffering the deceased endured before his or her death, as well as damages for economic loss. Recovery for "economic" losses is not limited to lost earnings. For example, loss of parental guidance and other services that had been provided by the decedent have an "economic" value that is compensable.

Verdicts & Settlements

  • Verdicts 1$40,000,000 (4)

    Medical malpractice. Child's brain damage

  • Verdicts 2$15,208,168.00 (1)

    Construction worker fell from a ladder, jury verdict

  • Verdicts 3$10,000,000.00

    Construction worker / mason fell from the scaffold, case settled after the jury verdict in amount of $ 10,020,000

  • Verdicts 4$9,825,000.00 (2)

    Construction worker/ laborer fell from the scaffold, jury verdict

  • Verdicts 5$9,360,000.00

    Jury Verdict for mason/construction worker who fell 2 floors from the side of the building **

  • Verdicts 6$5,500,000 (3)

    Woman sustained serious injuries in collision with truck. Jury verdict

  • Verdicts 7$3,500,000.00

    Construction worker/ carpenter fell from the roof at height of 20 feet, case settled

  • Verdicts 8$3,100,000.00 (5)

    Infant brain damage at birth, case settled

  • Verdicts 9$2,774,367.00

    Construction worker/ masons helper fell from the scaffold, jury verdict

  • Verdicts 10$2,536,000.00

    Construction worker struck by a falling object during demolition, jury verdict

  • Verdicts 11$2,140,000.00

    Construction worker watched as other workers fell from the scaffold in wind storm. Post traumatic stress disorder. Case settled during the trial

  • Verdicts 12$2,100,000.00

    Construction worker/ plumber fell into unsecured hole, falling one story down, case settled at the trial

  • Verdicts 13$2,000,000.00

    Construction worker/ steamfitter tripped on debris at work, case settled

  • Verdicts 14$2,000,000.00

    Construction worker sustained injuries when wall collapsed, case settled at the trial

  • Verdicts 15$1,850,000.00

    Settlement while on trial after winning jury liability verdict for woman injured when her wheelchair fell into a pothole

  • Verdicts 16$1,800,000.00

    Construction worker fell from the scaffold. Case settled during the trial

  • Verdicts 17$1,698,000.00 (6)

    Woman tripped and fell on stairs, jury verdict

  • Verdicts 18$1,600,000.00

    Construction worker struck by falling brick, case settled at the trial

  • Verdicts 19$1,398,000.00 (7)

    Jury verdict for woman who injured knee in fall on stairs in building

View All Verdicts
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