Wrongful Death Lawyer
Losing a loved one due to another person's negligence is a tragedy nobody should ever have to go through.
If you find yourself in this tragic situation, you can pursue a wrongful death lawsuit to receive the compensation you need to move forward.
The wrongful death attorneys at Levine & Slavit in Manhattan, NY, have won several six and even seven-figure lawsuits. Call us now to request your free consultation.
What Type of Compensation Is Available?
There are many types of potential compensation that can be awarded in a wrongful death case. After starting your lawsuit with us, our attorneys can seek payment to reimburse you and your family for lost financial support, the deceased person's pain and suffering, medical bills, and burial and funeral costs.
Unlike many other states, New York does not allow for the recovery of damages for lost companionship or the mental anguish and pain and suffering of surviving family members. While this aspect of wrongful death law can be disappointing, other portions of New York's statutes can be very encouraging to victims.
You Can Receive Compensation Even If the Deceased Person Was Somewhat Responsible
Some states, like Virginia, bar victims families from compensation if the deceased person in any way contributed to their passing. States that operate this way use the contributory negligence framework. Thankfully, New York utilizes comparative negligence when adjudicating wrongful death cases. Comparative negligence allows victims' families to receive compensation in direct proportion to how much they are found liable for their passing.
For example, if your loved one was 10% responsible for their death, you and your family can receive 90% of the total compensation. If they are found to be 40% responsible, you would only get 60% of the available pool. As these percentages can add up to hundreds of thousands of dollars, it is crucial to trust wrongful death attorneys with a proven track record of winning difficult cases.
Impressive Wrongful Death Verdicts Achieved by Our Manhattan Team
Our wrongful death team has won a significant number of major cases, especially lawsuits revolving around medical malpractice.
Wrongful Death Settlement
A 33-year-old woman sought treatment from her general physician after she began suffering from extreme shortness of breath, significant fatigue, and calf pain. Her symptoms, as recognized by a reasonable competent physician, should have indicated pulmonary emboli and deep vein thrombosis. The woman also had known risk factors for these issues, based upon her weight and medication intake.
Her physician conducted an electrocardiogram and blood work that were also consistent with pulmonary emboli and deep vein thrombosis, but diagnosed the woman with dizziness and giddiness. A week later, the woman died as a result of the misdiagnosis. Our lawyers hired multiple experts to help us prove wrongful death and damages, including an internist, pathologist, and economist. During jury selection, we settled for $1,000,000.
$2,150,000 Medical Malpractice
Settlement for Delayed Diagnosis Resulted in Need for Kidney Transplant
This case involved a failure of the defendants to timely diagnose granulomatosis with polyangiitis (formerly called Wegener's granulomatosis), which is one of a group of blood vessel disorders called vasculitis that can damage the body’s organs. Early diagnosis and treatment can lead to a full recovery. Without treatment, the condition can be fatal.
In our case, our client had signs and symptoms of vasculitis. Her doctors ordered and performed bloodwork and a biopsy. Deposition testimony our office obtained established that our client’s doctors did not notice that the bloodwork indicated a significant deterioration in her kidney function and that they were responsible for a delay of almost two months for the biopsy result to be reported. Exacting questioning by our office resulted in one of the defendants essentially conceding that there were departures from standards of care.
By the time the biopsy result was reported, our client was suffering from total kidney failure. She received dialysis and subsequently underwent a kidney transplant. She must live the rest of her life with her immune system suppressed and knowing that her body could nonetheless reject the transplanted kidney.
Our office retained medical experts in the fields of rheumatology, dermatology, and pathology.
$2.300,000 Wrongful Death
Settlement for Wrongful Death Due to Medication Errors
Our client was the family of a 41-year-old married father of two young boys. His primary care physician diagnosed him with gout and prescribed Allopurinol. The doctor knew that our client had impaired kidney function, however, he did not know that it was necessary to prescribe less than the standard dosage of Allopurinol to patients with impaired kidney function. A few days later, our client collapsed while at a funeral. He was taken by ambulance to a hospital and diagnosed with acute renal failure due to an allergic reaction to Allopurinol.
His condition deteriorated at the hospital. While being administered the blood thinners Heparin and Argatroban, his hemoglobin, hematocrit, and platelet count decreased, consistent with internal bleeding. He developed a large acute subdural hematoma with a brain herniation, requiring emergent surgery. He was then placed on a different anticoagulant, Fondaparinux, which is contraindicated in patients like the decedent with severe renal failure. He ultimately died from severe uncontrolled bleeding.
Our medical expert opined that the defendants improperly ordered, administered, and monitored the medications, failed to properly treat the decedent’s bleeding and risk for major bleeding, and improperly transfused unmatched blood, which will impair the body’s ability to control bleeding. We also retained an economist who calculated the decedent’s loss of earnings.
Rated One of the Best Wrongful Death Lawyers in NYC
Talk to Our Manhattan Lawyers At No Personal Cost
Our proven wrongful death lawyers start each case with a 100% free consultation. If we proceed with your wrongful death claim, we will do so on a contingency basis. This means that we will cover all the costs of pursuing the lawsuit and you will never have to pay a dime upfront. The only way we get paid is by taking a percentage of any verdict or settlement we obtain.
This arrangement allows our clients to focus on recovery and grieving without worrying about the burden of attorney's fees. It also makes clear to each client that our goal is obtaining the most compensation possible, not running up hourly charges. To speak with Manhattan attorneys who have spent decades winning major cases, request your free consultation now.
New York City Relies on Us
Our other six-figure medical malpractice victories include $850,000 for a 30-year-old mother with end stage renal failure and a history of seizures. The hospital she presented at failed to protect her against falls. She had a seizure, fell, and the medical professionals failed to respond to her worsening condition.
Who Can File
a Wrongful Death Claim?
Many states allow a broad range of family members to file wrongful death lawsuits. New York does not. If the deceased had a will, our state mandates that the personal representative of the deceased person's estate must file the lawsuit.
If the deceased died without a will, then there is no designated personal representative or executor. This means the courts will determine who has standing to file based on familial relations. Typically this would be the decedent's spouse, children, or sometimes parents.
Our Manhattan attorneys can help you find out which family member has the right to file a wrongful death claim if this situation is unclear.
Another Win For Manhattan
We also won $450,000 for the family of a 73-year-old woman who passed away as a result of a missed diagnosis for aortic dissection.
Don't Delay The Clock Is Ticking
The days, months, and years following the passing of a beloved family member can feel like a whirlwind. While focused on recovery, filing a wrongful death lawsuit may be the furthest thing from a grieving individual's mind. While there is nothing wrong with focusing on recovery, waiting to file your wrongful death claim can be the wrong move.
This is because statute of limitations laws limit how long you have to file. If you miss the deadline set by the statute of limitations, you almost certainly lose the ability to ever be compensated for the wrongful death of your family member. Furthermore, starting your claim sooner rather than later allows our wrongful death attorneys to begin collecting evidence while it is still fresh.
In New York, families have just two years from the date of their loved one's passing to file their wrongful death case. Reach out to our wrongful death lawyers now so we can begin working to help you. A consultation at our New York personal injury office costs you nothing.
We Also Have an Office in Long Island
Our Manhattan location is incredibly easy to access, as it is directly across the street from Grand Central Station. We also make ourselves available to clients further from the heart of New York City by maintaining a personal injury office on Long Island.
One More Manhattan Victory
We obtained $300,000 for the grieving family of a man who passed away after he was given inadequate recovery instructions following an ACL surgery.