Wrongful Death Lawyer
Kramer, Dillof, Livingston & Moore has secured numerous significant verdicts and settlements on behalf of families who have lost loved ones due to negligence. These results reflect the firm’s commitment to accountability and justice.
Notable outcomes include:
A $121 million verdict for a woman who suffered catastrophic injuries The loss of a loved one is one of the most painful experiences a family can endure. When that loss results from negligence, carelessness, or malpractice, the grief is often compounded by confusion, anger, and financial uncertainty. Families are left trying to understand not only how such a tragedy occurred, but also what rights and options they may have under New York law.
Wrongful death cases arise in many different circumstances. A delayed or missed medical diagnosis, a serious surgical error, unsafe property conditions, a negligent driver, an elevator malfunction, or a construction accident can all lead to fatal outcomes that were entirely preventable. In these moments, surviving family members are forced to navigate emotional trauma while also facing medical bills, funeral costs, and the sudden loss of financial support.
At Kramer, Dillof, Livingston & Moore, we focus our practice on personal injury, medical malpractice, and wrongful death litigation. Our goal is to help families pursue accountability, financial stability, and a sense of justice during an incredibly difficult chapter of their lives.
The firm is led by senior partners Judith Livingston and Thomas Moore, two of the most respected and accomplished trial attorneys in the United States. Their leadership has set a demanding standard of preparation and advocacy that has consistently placed the firm among the top personal injury law firms in New York and nationwide. Wrongful death claims are particularly complex and emotionally charged, and they require a law firm with both the legal strength and experience to handle them properly.
If you have lost a loved one and believe negligence or malpractice played a role, it is important to speak with an attorney who understands how wrongful death claims work in New York and how to protect your family’s rights.
Understanding Wrongful Death Lawsuits in New York
When a death occurs because another person or entity failed to act responsibly, New York law allows certain family members to seek compensation through a wrongful death lawsuit. These claims are designed to hold the responsible parties accountable and to address the financial losses suffered by surviving family members.
A wrongful death lawsuit does not eliminate grief or undo the loss. However, it can provide critical financial support and a formal acknowledgment that the death should never have happened. Understanding how these claims work, who may file them, and what damages may be recovered is an essential first step for families considering legal action.
What Is Considered a Wrongful Death?
Wrongful death is a legal claim that arises when a person dies as a result of another party’s negligence, recklessness, or wrongful conduct. These cases can occur across a wide range of situations, each involving a failure to meet a legal duty of care.
Some of the most common causes of wrongful death in New York include:
Motor Vehicle Accidents
Car accidents and truck accidents remain a leading cause of fatal injuries. When drivers engage in unsafe behavior such as speeding, distracted driving, or driving under the influence, the consequences can be catastrophic. If a fatal crash is caused by a driver’s negligence, surviving family members may have grounds for a wrongful death claim.
Medical Malpractice
Medical malpractice is another significant cause of wrongful death. These cases often involve failures by healthcare providers to meet accepted standards of care. Common examples include delayed or incorrect diagnoses, surgical mistakes, medication errors, and anesthesia complications. When preventable medical errors lead to death, families have the right to seek accountability.
Workplace and Construction Accidents
Dangerous work environments can lead to fatal injuries, particularly in construction and industrial settings. Employers and contractors are required to follow safety regulations, provide appropriate training, and maintain safe job sites. When safety failures or violations result in a worker’s death, a wrongful death claim may be appropriate.
Defective Products
Manufacturers and distributors have a responsibility to ensure their products are safe for use. Defective vehicles, dangerous drugs, faulty machinery, and poorly designed consumer products can all cause fatal injuries. In these cases, product liability claims may form the basis of a wrongful death lawsuit.
Acts of Violence
Wrongful death claims may also arise from intentional or negligent acts of violence, including assault or other criminal conduct. Even when criminal charges are involved, civil wrongful death claims allow families to pursue financial compensation from those responsible.
In every wrongful death case, the underlying objective is the same: to hold the responsible party accountable for conduct that resulted in a preventable loss of life.
Who Can File a Wrongful Death Lawsuit in New York?
Under New York law, a wrongful death claim is typically brought by the personal representative of the deceased person’s estate. The recovery obtained through the lawsuit is intended for the benefit of eligible family members, which may include a spouse, children, parents, or other dependents.
Because New York’s wrongful death laws are specific and procedural requirements are strict, determining who has legal standing to pursue a claim can be complicated. Speaking with an experienced wrongful death attorney is critical to ensuring the claim is filed correctly and on behalf of the proper parties.
Compensation Available in New York Wrongful Death Cases
Wrongful death damages in New York are focused on economic and pecuniary losses suffered by surviving family members. While no compensation can truly replace a loved one, financial recovery can help ease the burdens that follow a sudden and wrongful loss.
Recoverable damages may include:
- Loss of income and financial support the deceased would have provided
- Loss of services, assistance, and voluntary contributions
- Loss of parental guidance and care
- Loss of inheritance
- Medical expenses related to the final injury or illness
- Funeral and burial costs
Even when the deceased was not the primary wage earner, the economic value of their contributions to the household can be substantial under New York law.
In addition to wrongful death damages, the estate may pursue a separate claim for the decedent’s conscious pain and suffering experienced between the time of injury and death, provided there was awareness prior to passing.
Proving a Wrongful Death Claim
Wrongful death cases are legally and factually complex. To succeed, plaintiffs must establish several key elements:
- Duty of Care: The defendant owed a legal duty to the deceased.
- Breach of Duty: That duty was violated through negligent or wrongful conduct.
- Causation: The breach was a substantial factor in causing the death.
- Damages: The death resulted in measurable financial losses.
Building a strong case often requires extensive investigation, including medical records, accident reports, expert testimony, and witness statements. These cases demand careful preparation and a deep understanding of both the law and the technical issues involved.
The Role of a Wrongful Death Lawyer
Having an experienced wrongful death attorney can make a significant difference in the outcome of a case. An attorney provides legal guidance, conducts thorough investigations, negotiates with insurers and defense counsel, and prepares cases for trial when necessary.
Wrongful death lawyers also serve as advocates for grieving families, handling the legal burden so families can focus on healing. From explaining legal rights to presenting evidence before a jury, effective representation is essential in these high-stakes cases.
KDLM’s Record of Results in Wrongful Death Cases
- due to a hospital’s failure to diagnose and treat a serious condition
- A $31 million wrongful death verdict involving a fatal cardiac procedure error
- A $13 million jury verdict in a medical malpractice case involving delayed gallbladder surgery
- A $9.9 million settlement arising from a fatal truck and auto collision
- A $7 million settlement for wrongful death resulting from post-operative complications
- A $4.6 million verdict for medical malpractice wrongful death in Ulster County
These results demonstrate the firm’s ability to handle complex wrongful death litigation and to pursue meaningful recoveries for grieving families.
In 2020, KDLM secured a $9,250,000 settlement in a Bronx County action for injuries and wrongful death of a 49-year-old man who suffered a ruptured aneurysm and survived for nearly six years with severe neurologic injuries before succumbing to death — he was survived by a wife and three children.