The New York Personal Injury Blog

Wrongful Death in New York

Wrongful Death is when a person dies as a result of the negligence or misconduct of another person, company or entity. A wrongful death action is typically commenced by the deceased's immediate family members, such as the victim’s spouse, children or parents. The family members can file a wrongful death claim whether the loved one's death was accidental or intentional. The most common types of wrongful death cases occur from medical malpractice, car accidents, or criminal behavior. If a loved one has died and you feel that someone else may be responsible, a New York injury lawyer can help you understand if you have a personal injury case.

If you need legal advice on any personal injury issue in New York, including wrongful death, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.


Recently in Wrongful Death Category

Wrongful Death Lawsuit Filed Against Roderick Covlin

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The leading suspect in the death of money manager Shele Danishefsky is her estranged husband, Roderick Covlin. But for whatever reason, prosecutors do not have enough evidence to criminally charge him.

However, lacking the evidence to criminally charge Covlin has not stopped the New York County Public Administrator's Office from filing a wrongful death lawsuit against the husband, perhaps stopping him from inheriting half of Danishefsky's multi-million dollar estate, reports the New York Post.

Elevator Accident Death on Madison Avenue

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An elevator accident death was reported at the offices of Young & Rubicam. Suzanne Hart, a 41-year-old sales executive at the advertising firm, stepped onto a waiting elevator and before she was able to fully enter the elevator shot up like a bullet.

With half her body in the elevator, and half her body out, Hart got stuck between the elevator cab and wall and was killed, reports the New York Post.

1 Dead in East River Helicopter Accident

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Sonia Marra, a 40-year-old tourist from Australia, was the sole fatality in the East River helicopter accident.

On Tuesday afternoon, Paul Dudley, an experienced helicopter pilot planned to take a family friends on a helicopter ride departing from Manhattan, reports The New York Times. But soon after taking off at the East 34th Street Heliport along the East River, the helicopter experienced problems and Dudley lost control, crashing into the river.

Did the 9/11 Terror Attacks Kill Gloria Knight in 2004?

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Gloria Knight, a retired bartender and great-grandmother, died in 2004 — three years after the attacks on the World Trade Center. Now her family wants her to be recategorized as a September 11 victim so that they can be reimbursed for her healthcare costs and receive a $250,000 payout given to 9/11 victims.

On September 11, 2001, the then 72-year-old Knight went downtown to Worth Street to pick up a new pair of eyeglasses, reports the New York Post. Knight was near the towers when they came crashing down and fled on foot across the Manhattan Bridge when the dust storm hit.

The father of the Brooklyn boy, Lieby Kletzky, who was horrifically murdered last month has filed lawsuits against the killer, Levi Aron, and his father, Jack Aron. In each Leiby Kletzky lawsuit, Nachman Kletzky seeks $100 million for damages related to his son's death.

Last month, police found Leiby Kletzky's dismembered body in Levi Aron's freezer. Levi Aron confessed to killing the boy after a bizarre sequence of events following the boy getting lost on his way home. After picking up the boy on the street, Aron reportedly took the boy to a wedding, fed the boy, and gave him a place to stay. But when Aron realized that police were looking for the boy, he allegedly panicked and killed the boy -- packing his remains in a freezer and suitcase.

A federal judge found that the family of September 11 victim Mark Bavis will be able to pursue damages for Bavis's pain and suffering prior to his death.

According to The New York Times, Bavis was a passenger on United Flight 175, the second plane to strike the World Trade Center on September 11th. In their wrongful death lawsuit against United Airlines, Bavis's family sought to pursue damages for the "21 minutes of terror" Bavis must have felt when hijackers took over the plane, murdered the pilots, and flew the plane into the New York City skyscraper.

A second swimming pool death occurred at Lyons Pool in Staten Island. Twenty-one-year-old Jonathon Proce is the second person to die after practicing a breath holding exercise in the shallow-end of the pool.

According to the New York Daily News, Proce was a city lifeguard in another Staten Island pool and was practicing the breath holding exercises as part of training to join a pararescue unit.

Proce was doing the exercises with his friend Bohdan Vitenko, reports the Daily News. The breath holding exercises were similar to those used in military training, and Vitenko was reportedly doing the exercises as a Navy SEAL trainee.

Mom Sues School over Student's Bullying Suicide

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A sad headline: a mom sues school after her son killed himself due to bullying by classmates.

According to the New York Daily News, Bergouhi Elissa claims that her son, 12-year old Elijah Mendez, hung himself in the family home after suffering relentless bullying and torment by his classmates who thought he was gay.

In her lawsuit, Elissa alleges that the student's bullying suicide could have been prevented had the school took proper action reports the Daily News. The mother said that she made numerous complaints about the bullying to officials at Public School 84, but that the school failed to stop the abuse. Accordingly, the mom said, "I believe that the school's inaction brought about the death of my son."

Bergouhi Elissa is now seeking funeral expenses for her son and other damages.

Mom Sues Cornell Frat for Son's Hazing Death

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A Brooklyn woman is suing a Cornell University fraternity, Sigma Alpha Epsilon, for wrongful death claiming that her son don died in a hazing ritual.

According to the New York Post, George Desdunes died last February after allegedly being kidnapped and force-fed alcohol by his fraternity brothers in a hazing ritual. The incident happened when Desdunes had called his brothers looking for a ride home. His brothers arrived, but instead of taking Desdunes home, they abducted him, bound and blindfolded him, and began a hazing ritual testing Desdunes' knowledge of the fraternity.

It's claimed that every time Desdunes missed a question on the test, he was forced to drink alcohol. When his unresponsive body was found hours later dumped on a fraternity couch, his blood alcohol level was over five times the legal limit reports the Post.

Fatoumata Diallo of the Bronx passed out onto the tracks at the 77th Street subway station in Manhattan and was killed by a northbound No. 6 train. Diallo apparently fainted while waiting for a train and fell onto the tracks before the oncoming train could stop reports the Daily News.

According to the Daily News, it is not clear why Fatoumata Diallo fainted. Witnesses say the event happened very quickly with Diallo falling onto the tracks just before the train hit her. Diallo, a 21-year-old student studying medicine at Borough of Manhattan Community College, does have a history of fainting says a family member. However, the family member indicated that it was not a recurring problem and suggests that heat may have played a role in causing the young woman to faint.