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Losing a loved one is the most difficult thing a person can go through, especially if it happens suddenly in an accident. In the event that this does happen, it is important to know that legal action can be sought to recover compensation for any of the damages incurred due to the loss of life. If you recently lost a loved one, it is important to have an attorney on your side that is compassionate. We understand how difficult these matters can be. Continue reading to learn more about what you can do during this time and contact our firm for assistance.

What is Considered a Wrongful Death?

In the state of New York, a death must meet specific criteria in order for it to be considered a wrongful death. This includes the following: 

  • There was a death
  • The death occurred as a result of another party’s negligence
  • It must be proven that if the fatally injured person had lived, the action against them would have been illegal
  • The deceased individual left behind a family who suffered a significant financial loss due to their loved one’s passing
  • The grieving party deserves financial compensation for their loss

How do I Recover Compensation After a Wrongful Death?

When a wrongful death occurs in the state of New York, the personal representative of the deceased’s estate can bring a lawsuit to the court. It is important to note that, it is the representative’s job to seek financial compensation for the family that was impacted. In order to prove that a loved one should still be alive today if not for negligence, evidence must be gathered. This can include security footage of the accident, pictures of the hazard that caused it, medical records relating to the death, a police report of the incident, witness statements, and more. If successful, compensation may be awarded to cover the following: 

  • Funeral costs
  • Loss of inheritance for surviving children
  • 9% interest on the recovery awarded, which starts at the date of the death
  • Support and services provided for the grieving family that the deceased once provided
  • Lost wages and benefits
  • Health care expenses associated with the accident

Contact our Firm

If you have been injured in a personal injury accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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