Wrongful Death

Pedestrian killed by Central Park bicyclist

New York City pedestrian deaths are often attributable to larger vehicles such as cars and trucks. However, the death of a pedestrian in Central Park after being struck by a speeding cyclist has highlighted the danger posed by high performance bicycles. A woman from Connecticut died on Sept. 21 after being struck by a bicyclist… (keep reading)

Regulators try to crack down and prevent fatal accidents

Recent federal data reveals that there were 3,800 truck accidents in eight Southern Tier New York counties between 2000 and 2013. These crashes resulted in 67 deaths. The National Highway Transportation Safety Administration reported that there were 1,576 fatal crashes involving trucks in the state in 2012. The Federal Motor Carrier Safety Administration rates carriers… (keep reading)

Accident victims must respond quickly

Accident victims and their families face several challenges after a fatal or serious accident. First and foremost, an accident victim must seek medical assistance, undergo rehabilitation and take steps to alleviate the loss of income from a job loss. The emotional toll of a family who suffers the loss of a loved one compounds the… (keep reading)

Melissa Rivers considers wrongful death lawsuit

The September 4 death of 81-year-old comedian Joan Rivers during a routine medical procedure on her throat was a tragic surprise. Her daughter, Melissa, has hired a law firm to seek answers on whether malpractice occurred and to determine whether a medical malpractice lawsuit is feasible. The beginning of this process shows the complications and… (keep reading)

East Harlem explosion sparks lawsuits

The New York City’s Comptroller’s Office received 205 notifications of potential lawsuits relating to a March 12, 2014 explosion in East Harlem that resulted in eight fatalities, demolition of two buildings and displacement of hundreds of residents. New York could conceivably payout over $1 billion. Preliminary tests indicate that a natural gas leak caused the… (keep reading)

Case Settled For A Tracy Morgan Accident Victim

The first settlement was finalized for the June 7, 2014 New Jersey Turnpike crash, which involved a Walmart truck’s collision with a limousine van carrying Tracy Morgan and other passengers. A Walmart spokesperson said that the chain was attempting to settle other cases with passengers who were injured in the crash. Tracy Morgan Entered Into… (keep reading)

Rivers’ lawsuit filed against New York clinic

Alleging that Joan Rivers’ celebrity led to negligent care, Melissa Rivers filed a wrongful death lawsuit against the clinic and others involved with treating the 81-year-old comic when she died on the operating table at an Upper East Side clinic. She went into cardiac and respiratory arrest during an endoscopy procedure at the clinic on… (keep reading)

Older pedestrians at risk in Manhattan

Older pedestrians comprise less than half of the population in Manhattan but account for almost half of all car-versus pedestrian fatalities in the borough. This trend reflects national statistics, according to a non-profit advocacy organization. The Tri-State Transportation Campaign is a non-profit organization that advocates for the reduction of car dependency in New York, New… (keep reading)

What is New York’s zone of risk rule?

A wrongful death action may involve the tragic situation where a family member actually witnesses the death or serious injury inflicted upon a loved one. New York allows relief to bystanders in wrongful death cases to persons in a zone of risk. In other words, family members of a person killed through a person’s negligence… (keep reading)

New York’s five boroughs scene of most pedestrian fatalities

Between 2011 and 2013, more than 60 percent of pedestrian fatalities in New York City, Long Island and the five counties just north of New York City took place in the city according to a recent Tri-State Transportation Campaign report. Efforts in New York City to decrease this toll have garnered success but have not… (keep reading)

What damages may be sought in a wrongful death action?

New York was the first state to award damages, through a wrongful death action, to family members who lost a loved one because of another person’s negligence or recklessness. Family members may be entitled to monetary damages, referred to as pecuniary damages, to continue the financial and other support that the deceased provided to the… (keep reading)

When do New York wrongful death damages start?

New York law provides for wrongful death awards for family members of a person killed by another person’s negligence or recklessness. Courts can award fair and just compensation covering the financial injuries related to the family member’s death. These damages include the reasonable value of the decedent’s loss of earnings, loss of spousal services, and… (keep reading)