Practice Areas

Wrongful Death

The death of a loved one is a brutal pain for anyone to bear. When someone suddenly loses a loved one because of negligence or wrongdoing, the emotional suffering is always challenging, and the financial struggles are often difficult to endure.

Everyone, no matter what precautions taken on a daily basis, is at risk for falling victim to negligence that can result in fatal consequences. Our team at the law offices of Salenger, Sack, Kimmel & Bavaro, LLP, has been handling sensitive and traumatic wrongful death cases for over 35 years. We provide the type of guidance and counsel that families need to start healing after the death of a loved one.

TREATED LIKE FAMILY...
I had them for a case that was very difficult. This firm was the best, very caring and concerned. I was treated like family.
— Robbie J.

What Is Wrongful Death?

Any situation in which a person has died due to negligence or wrongdoing may be considered “wrongful death” under the law. There may be one person to blame, multiple individuals who were involved in the incident, or even an entire company, depending on the accident. Our job is to identify any party who contributed to the wrongful death of your loved one, so they can be held accountable for their actions.

Some of the most common reasons why people may file a wrongful death claim for their loved one include:

  • Drunk driving accident
  • Pedestrian and bicycle accidents
  • Medical malpractice
  • Construction accidents
  • Worksite accidents
  • Reckless, distracted, or aggressive driving
  • Medication errors
  • Caregiver negligence
  • Occupational accidents
  • Slip, trip and fall accidents
  • Defective products
  • Nursing home neglect

The death of your loved one does not have to be intentional to be considered “wrongful death” under the law. Most of the time, wrongful death claims result from accidents, where the death was caused by someone’s unintentional actions.

Verdicts & Settlements

$10 Million Verdict

Medical Malpractice and Wrongful Death – Failure to timely diagnose breast cancer

A radiologist failed to properly interpret a mammogram, resulting in a delayed diagnosis of breast cancer in a 46-year-old woman, who ultimately passed away.

$2 Million Settlement

Medical Malpractice and Wrongful Death; Failure to properly monitor a patient

A 63-year-old man lapsed into coma after open heart surgery because a cardiac monitor alarm malfunctioned.

$2.038 Million Verdict

Car Accident and Wrongful Death; Pedestrian struck and killed by car

A 22-year-old woman who was being chased by her boyfriend ran into the street and was struck by a passing car. She passed away from her injuries.

$2.4 Million Settlement

Medical Malpractice and Wrongful Death – Failure to timely diagnose sepsis and treat with antibiotics

Hospital doctors failed to timely recognize sepsis in a 31-year-old woman, which led to a heart attack, brain damage, and death.

$2.5 Million Settlement

Medical Malpractice and Wrongful Death – Delay in performing a lung biopsy

Failure to timely perform a biopsy on a suspicious lung lesion in a 48-year-old man delayed his cancer diagnosis and resulted in metastasis and death.

$2.5 Million Settlement

Medical Malpractice and Wrongful Death – Emergency Room doctor unable to establish an airway

A hospital doctor failed to timely establish an airway and intubate our client, who came to the Emergency Room with heart attack symptoms. After numerous intubation attempts, our client passed away.

$2.5 Million Settlement

Medical Malpractice and Wrongful Death – Failure to timely diagnose deep leg vein thrombosis

A doctor failed to recognize and diagnose symptoms of a deep vein thrombosis (blood clot), leading to a pulmonary embolism and death.

$2.65 Million Settlement

Medical Malpractice and Wrongful Death – Delay in diagnosing lung cancer

Delay in diagnosing lung cancer in a non-smoker resulted in a late-stage diagnosis, metastasis, and death.

$2.75 Million Settlement

Medical Malpractice and Wrongful Death – Improperly performed colonoscopy

Failing to perform enough biopsies during a colonoscopy performed on an ulcerative colitis patient, the doctor’s malpractice resulted in a delayed cancer diagnosis. By the time the cancer was found, it was Stage IV and the patient ultimately passed away.

We Understand New York Wrongful Death Claims

Unlike other personal liability claims, wrongful death claims are governed by the New York wrongful death statute. Cases require that someone (usually a family member) be appointed to represent the person who passed away.

Compensation that is recovered from wrongful death claims can provide families financial support with expenses such as:

  • Funeral and burial expenses
  • Medical bills
  • Loss of deceased’s wages
  • Loss of inheritance
  • Costs for deceased’s support services
  • Acquired debt

As attorneys who specialize in wrongful death accidents, we understand the complex laws and requirements needed to represent your family successfully. We are determined to work with you in securing the financial support needed to get you back on your feet and allow you the necessary time to grieve your loss, without stressing about your case.

They Had My Back...
After my accident I needed a lot of help. I could not have had any better group of people on my side. They took care of everything I needed.
— Mozz M., Staten Island, NY

Who Can Make A Wrongful Death Claim?

After the sudden death of a loved one, there can be a ton of questions surrounding the idea of filing a wrongful death claim, the most common being ‘who can file.’ Any surviving spouse, children, beneficiaries, or dependents can make a claim to seek compensation for the wrongful death of their loved ones. If a person is unsure whether they are a survivor or beneficiary entitled to compensation, they still have the right to start the investigation into a possible case.

They Had My Back...
After my accident I needed a lot of help. I could not have had any better group of people on my side. They took care of everything I needed.
— Mozz M., Staten Island, NY

When To File A Claim

Proving liability in wrongful death cases becomes more difficult as times goes on. We need to collect evidence promptly to ensure a successful resolution. To prove someone’s responsibility in a wrongful death case, these elements must be established:

  • Duty of Care – a duty of care by the defendant was owed to the deceased.
  • Breach of Duty of Care – there was a failure on the defendant’s part to uphold the duty of care.
  • Causation – the breach of duty of care led to the death of the deceased.

Once your family decides who will be the person filing the wrongful death claim, it is imperative to file the lawsuit as soon as possible. Our firm has tremendous experience in wrongful death claims. We can help you learn more about your rights in time to seek fair compensation for your loss.

Let Us Help You

Money can never replace the loss of a loved one, nor will it relieve the pain and suffering caused by their untimely departure. But it can help ease financial stresses and allow you to focus your energy on healing yourself and your family. Contact the law firm of Salenger, Sack, Kimmel & Bavaro today for a free consultation to review your case and explore your options in seeking deserved compensation for your loss.

We're ready to help you.
Call us at 1-800-675-8556 for a free consultation today.

Verdicts & Settlements

You Owe Nothing, Unless We Win

$3.1 Million Settlement

Medical Malpractice and Wrongful Death

After undergoing a routine hernia repair, doctors failed to properly administer and prescribe anticoagulants to our client, leading to the formation of a pulmonary embolism (blood clot) and death.

$3 Million Settlement

Car Accident and Wrongful Death – Question of lights

A 44-year-old driver collided with a bus that had passed through a red light on Linden Boulevard in Brooklyn. As a result, our client suffered a fractured neck resulting in quadriplegia. He subsequently died about 7 weeks later.

$2.75 Million Settlement

Medical Malpractice and Wrongful Death – Improperly performed colonoscopy

Failing to perform enough biopsies during a colonoscopy performed on an ulcerative colitis patient, the doctor’s malpractice resulted in a delayed cancer diagnosis. By the time the cancer was found, it was Stage IV and the patient ultimately passed away.

$2.5 Million Settlement

Medical Malpractice and Wrongful Death – Delay in performing a lung biopsy

Failure to timely perform a biopsy on a suspicious lung lesion in a 48-year-old man delayed his cancer diagnosis and resulted in metastasis and death.

$2.4 Million Settlement

Medical Malpractice and Wrongful Death – Failure to timely diagnose sepsis and treat with antibiotics

Hospital doctors failed to timely recognize sepsis in a 31-year-old woman, which led to a heart attack, brain damage, and death.

$2.5 Million Settlement

Medical Malpractice and Wrongful Death – Emergency Room doctor unable to establish an airway

A hospital doctor failed to timely establish an airway and intubate our client, who came to the Emergency Room with heart attack symptoms. After numerous intubation attempts, our client passed away.

$2.038 Million Verdict

Car Accident and Wrongful Death; Pedestrian struck and killed by car

A 22-year-old woman who was being chased by her boyfriend ran into the street and was struck by a passing car. She passed away from her injuries.

$2 Million Settlement

Medical Malpractice and Wrongful Death; Failure to properly monitor a patient

A 63-year-old man lapsed into coma after open heart surgery because a cardiac monitor alarm malfunctioned.