The Law Office of William A. Gallina, P.L.L.C.
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Wrongful Death

Coping with the loss of a loved one can cause immeasurable pain, exacting a profound toll on one’s life.  Unfortunately, in the case of wrongful death, another’s negligence has caused the unexpected passing of your family member.  During this time of suffering, the wrongful death lawyers at Gallina Law recognize the level of emotional devastation you are experiencing.  We recognize, too, the significant financial strain that can result from the passing of a family’s primary earner.  As the representative of the estate for the deceased family member, you have rights.  The law provides for a wrongful death claim against the party who caused the death of your family member.  The defendant may be liable for the financial loss to the decedent’s distributees, loss of guidance, as well as the decedent’s pain and suffering.  At the Law Office of William A. Gallina, we understand that monetary compensation will never properly substitute for the loss of a loved one.  However, we can help your family recover its pecuniary loss, as well as the value of any pain and suffering endured by your family member, securing the justice and closure you deserve.  Our lawyers are highly experienced with wrongful death cases in the Bronx and the greater New York City area.

What is wrongful death?

A wrongful death claim is commenced when another’s negligence causes death.  The family of the deceased may hold the defendant liable for economic and non-economic damages.   In addition to negligence, our lawyers can file a wrongful death claim in the event of manslaughter, negligent homicide, or even murder.  Typical wrongful death claims arise from the following types of accidents:  

  • Motor Vehicle Accidents
  • Medical Malpractice
  • Premises Liability

While the above are the most commonly based wrongful death lawsuits, a wrongful death claim can arise from any death that was caused by another’s negligence.

Who can file a wrongful death claim?

To file a wrongful death claim, you must be the duly appointed representative of the deceased.  The representative can be a spouse, an estate executor, administrator, adult child, or parent.  Usually, the closer you are to the victim, the more likely it is that you can serve as the representative and file a wrongful death claim on the victim’s behalf.  Additionally, the victim’s death must have occurred as a result of another’s negligence or other wrongful conduct.  To that end, our lawyers must gather and produce evidence to support your claim that another’s negligence or unlawful conduct caused your family member’s death. 

What are the categories of loss for a wrongful death claim?

When filing a wrongful death claim, there are several different categories under which the family member(s) may secure compensation.  Depending on your individual circumstances, our lawyers may be able to claim one or more types of relief on your behalf, such as pain and suffering, loss of consortium, loss of parental guidance, and/or economic loss to the distributees.

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Pain & Suffering

The Law Office of William A. Gallina understands the pain and suffering you or your loved one experienced as a result of a wrongful death. This pain cannot be taken away or remedied with monetary gain. However, mental anguish and loss of companionship can take a toll on your life, not only emotionally but also financially. Loss of wages during the grieving period can draw down your financial resources while you face the immediate costs of funeral expenses and other bills.  Oftentimes, necessary psychological help may cause an additional strain on your already crippled assets.  Our lawyers can file claims against the responsible parties for the loss of care, companionship, love, or guidance that would have been provided by the departed.

Personal Injury Survival Claim

Oftentimes, the most painstaking event during the tragic loss of your loved one is witnessing the suffering he or she experienced before death. If your loved one did not immediately pass from his or her injuries, you may be eligible to file a survival action. Essentially, a survival action suit is a post-mortem continuation of the victim’s personal injury claim filed on behalf of the deceased. The representative for the deceased can seek damages for pain, suffering, medical expenses, lost wages, and disfigurement. Your loved one may have accrued medical expenses and other debt caused due to another’s negligence, in which case the liable party is responsible to pay these expenses. Our lawyers can deliver the justice your loved one deserves after a wrongful death with a survival action lawsuit.

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Economic Loss to Distributees

A wrongful death is a life-shattering tragedy.  Although you had planned to enjoy life with your loved one for a much longer and fruitful period of time, you’re now faced with not only the sudden emotional loss of a family member, but also the financial consequences of losing that family member’s revenue stream.  After the loss of a loved one, especially a spouse, numerous financial obstacles arise, including funeral costs and medical expenses. These expenses can cause significant financial pressures.  In addition to the immediate post-death costs, long-term financial strains are also a concern, particularly if the decedent was the family’s primary earner.  Potential long-term damages after a wrongful death include but are not limited to:

  • Lost Benefits
  • Lost Wages
  • Loss of Support For Children (Including College Tuition)
  • Loss of Parental Guidance

Wrongful Death Verdicts & Settlements*

Below are some representative verdicts and settlements obtained by the personal injury lawyers at the Law Office of William A. Gallina, PLLC on behalf of clients in the Bronx and throughout New York City who brought a wrongful death claim:

  • A 26-year-old woman was awarded $2.4 million after dying from blood poisoning caused by bedsores - Bronx, NY.
  • The family of an 83-year-old woman received a $500,000 settlement after a harmful blood thinner caused her to bleed to death - U.S. District Court.
  • A 69-year-old man received an $850,000 settlement after dying during a colonoscopy - Bronx, NY.
  • The family of a 3-year-old received a $1.25 million settlement for the death of their child - Bronx, NY.

*Past results do not guarantee future outcomes.

At the Law Office of William A. Gallina, we understand that financial compensation cannot bring back your loved one.  However, a financial settlement provides you with needed security and peace of mind.  Our wrongful death lawyers will stand by your side to provide legal guidance and compassion during the grieving period and beyond.  For more information or to file a wrongful death claim, contact the Law Office of William A. Gallina in the Bronx at 718-892-0400 or request a free consultation.

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