New York Wrongful Death Lawyers

A "wrongful death" claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children and parents of a decedent to compensate them for the losses they sustained as a result of the wrongful death of their family member. The "wrongful" act that resulted in death may have been intentional, reckless or negligent, as long as it is of the character that would have permitted the decedent to maintain an action for injuries had death not resulted.

Call Smiley & Smiley, LLP at 1.866.SMILEYLAW, toll-free, to begin protecting your rights and advising you right away.

Important Issues to Consider About Wrongful Death  

A potential claimant should always seek the advice of an attorney without delay. In certain cases, there may also be other deadlines within the first two years that may also impact the case.

It is also advisable to consult an attorney as soon as possible for other reasons as well. Memories of the event or events in question tend to fade in witnesses and potential witnesses may later be unavailable because they have moved, become incapacitated, etc.

Wrongful Death Case Results  

Examples of Results Obtained by Smiley Law in Wrongful Death Cases

• $1.5 Million settlement behalf of the Estate of a 39-year-old man from Brooklyn who was suffering from "sarcoidosis," a condition that affects the lungs and causes patients to suffer frequent painful coughing episodes. For seven months, he went for multiple visits to his primary care physician complaining of chest congestion, shortness of breath and a chronic cough however the physician failed to diagnose the condition. As a result of the physician's malpractice, the sarcoidosis spread throughout the gentleman's body killing him.

• $1.2 Million settlement for the family of a 38-year-old woman who died in the hospital following the birth of her second child. We proved that the hospital and the woman's physician failed to properly monitor her vital signs following a high-risk pregnancy.

• $1.6 Million settlement for the family of a 40-year-old man who was crushed to death when a slab of ice fell on him from the roof of a gas station as his wife and 3-year-old child witnessed the devastating event.

• $1.6 Million structured settlement based on loss of parental guidance for the three children of a 39-year-old Asian woman run over and killed by a garbage truck in New York City's Chinatown.

• $1.56 Million verdict awarded by a Nassau County jury in the case of a 41-year-old man who died, leaving a widow and three children, as a result of his physicians' failure to diagnose a blood clot.

• $1.3 Million settlement on behalf of the widow and two children of a bank officer who was struck and killed by a wayward New York City Transit Authority bus.