Content reviewed by:
Alex Shulman
If you have lost a loved one in an accident, please accept our condolences for your loss. Handling a loved one’s passing is always hard, but when the death is sudden and preventable, it can be even more devastating.
At Shulman & Hill, we can help you by assigning a Staten Island wrongful death lawyer to your case. Our entire team will work hard to help you recover a fair settlement so you and your family can proceed with your lives. Call us for a free consultation at (212) 221-1000.
Why Choose Shulman & Hill for Your Wrongful Death Claim?
We have over a decade of experience helping grieving Staten Island families get justice when their loved ones pay the ultimate price for someone else’s negligence. We have a proven track record with over $700 million in successful case results, including numerous six- and seven-figure results for our wrongful death clients. Our attorneys have won national recognition as Super Lawyers and Rising Stars—honors only awarded to the top five percent of attorneys in each state. Founding Partner Alex Shulman is also recognized as a Top 40 Under 40 Trial Lawyer.
We are a community-centered law firm with deep Staten Island roots. Our staff is a diverse, multilingual team that includes attorneys fluent in English, Spanish, and Russian who are dedicated to recovering maximum results for every client with a personal touch. When you choose Shulman & Hill, you are more than just a case—you are family.
You risk nothing by contacting our award-winning Staten Island personal injury law firm. The initial consultation is free, and we charge no upfront fees if we accept your case. We collect our fees from your compensation. You only pay if we win.
When Can I Sue After a Wrongful Death?
You may have grounds to recover compensation in a Staten Island wrongful death lawsuit if a close family member died from negligence. To establish negligence, you must prove that someone breached their duty to exercise reasonable care, causing a fatal injury to your loved one.
Determining whether your case qualifies can be challenging because your loved one cannot tell you how the accident occurred, and investigating the accident can be painful for the family. Our dedicated Staten Island wrongful death attorneys have the experience and resources to review the circumstances of your loved one’s death, determine whether you have grounds to sue, and pursue justice without your family having to relive your loved one’s last moments. We will be there for you through every step of this difficult journey.
What Types of Accidents Qualify for a Wrongful Death Claim?
Any type of accident that causes a loved one’s death may qualify for a wrongful death lawsuit, provided some form of negligence was involved, including the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Train accidents
- Pedestrian accidents
- Bicycle accidents
- Slips and falls
- Accidents on someone else’s property
- Construction accidents
- Building collapses
- Medical malpractice
This is not an exhaustive list. No matter what type of accident caused your loved one’s death, our supportive and skilled Staten Island wrongful death lawyers will seek justice for them and help your family recover full compensation.
Damages for Wrongful Death Victims
You may be able to recover the following damages in a Staten Island wrongful death lawsuit:
- Funeral and burial expenses
- Your loved one’s likely lifetime income were it not for the accident
- Your loved one’s medical bills
- Loss of estate value
- Loss of inheritance
- Loss of health insurance or other benefits
While these damages can be significant, current state law prevents families from recovering damages for emotional losses, such as loss of companionship, parental guidance, or love and affection. For many families, the emotional losses are the most significant. The only non-economic damages family members can recover are for your loved one’s pain and suffering before death. Such compensation would be available through a survival action.
New Legislation Could Increase Wrongful Death Compensation
New York is one of the few states that does not allow family members to recover non-economic damages in wrongful death claims. New York’s current wrongful death law is nearly 180 years old.
New legislation known as the Grieving Families Act would allow families to recover damages for their emotional losses. The state legislature has passed the law twice, but Gov. Kathy Hochul has vetoed it each time. If the current version passes, spouses, domestic partners, and minor children could recover damages for emotional losses. If there is no surviving spouse or child, a parent or grandparent could recover these damages.
We support this legislation because it will help families get justice for the emotional toll of losing a loved one. For families of those who earned little or no income, the ability to recover non-economic damages is crucial for obtaining justice and recovering meaningful compensation. It is unclear whether the legislation will pass. Regardless, we are dedicated to helping your family recover the maximum compensation available.
How Much Can I Pursue?
That depends on the specifics of your loved one’s accident, the nature of the resulting injuries, and the type of negligent actions that caused their death. Insurance limits also may dictate what you can receive.
We want you to recover a fair amount for your losses, whether that means thousands, millions, or anywhere between. If you have any doubts or questions about your case’s worth, your Staten Island accidental death lawyer can help. We are always here to support you.
Wrongful Deaths and Workers’ Compensation
Certain types of workers, such as tunnel or manufacturing workers, may be more susceptible to fatal injuries than others. If a worker dies on the job, their dependents could be entitled to death benefits through the employer’s workers’ compensation insurance.
According to the New York State Workers’ Compensation Board (WCB), death benefits include a weekly payout plus a lump sum awarded to cover funeral costs.
Shulman & Hill handles workers’ compensation cases as well as personal injury cases. As the surviving loved one of a deceased worker, you might be entitled to receive compensation through both types of cases. We can represent you if you want to pursue damages through a personal injury suit, a workers’ compensation claim, or both concurrently.
How to Start a Wrongful Death Case
A good way to start a wrongful death legal action is to connect with a Shulman & Hill wrongful death lawyer. Our Staten Island team will assist you through what can be a long and complex legal process.
When you call our office, you can schedule a free case review from a member of our team. If you decide to retain our services, we will work through the following steps:
Building Your Case
Your knowledge of the accident that took your loved one’s life could be detailed or sparse. How did it happen? Who is responsible? What is the exact cause of your loved one’s death? How much are your and your loved one’s losses worth?
After speaking with you about your case, we may ask if you have any documentary evidence, such as medical bills or photos of injuries, that support your position. We can use these materials to build your case. If you do not have any such materials, don’t worry. We can seek evidence on your behalf, including:
- Police reports and any evidence the investigating officer collected from the scene
- Medical records and reports that discuss your loved one’s injuries
- Video footage from traffic cams, surveillance cameras, witness cell phones, and other sources
- Photos of the accident scene or your loved one’s injuries
- Evidence that the liable party’s insurance company may have already collected
Presenting Your Case to Others
Based on the evidence we find, we can tell you who was at fault in your loved one’s accident. The responsible parties should pay damages for what you have lost.
Our firm can send a demand letter to the insurance company, explaining the accident and how much money you are seeking. The insurance company may then:
- Offer a fair settlement that meets all of your current and future needs
- Offer a settlement that is too low
- Deny their client’s liability and offer nothing
We can respond to the insurance company in whichever way we feel is appropriate. For example, we can negotiate for a higher settlement or take the liable party to court.
Working with You
We want you to have as much time as possible to mourn your loved one’s passing and decide how to proceed. We also want to make sure we handle your case in the way that is best for you. To that end, we will:
- Tell you what we think might be the best approach for your case and why
- Update you as your case progresses
- Provide an objective, professional perspective to help you make rational decisions, even if you are still angry and grieving.
Why File a Wrongful Death Case?
We understand that no sum of money can compensate for your loved one’s loss. We have obtained millions of dollars for grieving families, and if given a choice, all of them would give the money back in exchange for their loved ones. A wrongful death lawsuit can’t undo the loss, but it can provide your family with the following:
- Justice for your loved one
- Financial security through the replacement of your loved one’s earnings
- Reimbursement for the expenses associated with your loved one’s death
- Restoration of benefits, inheritances, and lost estate value caused by the death
- A chance to prevent the same thing from happening to someone else
Who Can File a Wrongful Death Claim in Staten Island?
The only party authorized to file a wrongful death lawsuit is the estate’s personal representative. This individual may be the estate’s executor or administrator or another person your loved one designated in writing before death. In the absence of a personal representative, the court must appoint one. The personal representative files suit on the estate’s behalf and must distribute the proceeds to family members according to their losses as specified in the settlement agreement or court order.
Our dedicated attorneys can determine whether your loved one has appointed a personal representative or navigate the process of having the representative appointed so you can focus on your family and process your grief.
What Is the Statute of Limitations for Wrongful Death Claims?
New York’s wrongful death statute of limitations requires you to file your wrongful death lawsuit within two years of your loved one’s death. This deadline applies to most cases, but there are exceptions and, in some cases, additional deadlines. For example, if a government entity is responsible for your loved one’s death, you must file a Notice of Claim within 90 days of the date a personal representative is appointed. However, you will still generally have to file your claim within two years from the date of death.
While we understand that your legal claim may not be top-of-mind when you are coping with a loss, it is crucial to involve an attorney promptly to ensure you don’t miss any important deadlines. Early access also ensures the most important evidence is still available so we can build a strong case and get justice for your loved one and fair compensation for your family.