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Wrongful Death

Wrongful Death Attorneys Representing Injury Victims in New York’s Southern Tier and Northern Pennsylvania

One of the most traumatic experiences in life is losing a loved one because of the carelessness or negligence of another person or company. In some cases, the loss of a husband, wife, or parent, can mean financial hardship or poverty for those who are left behind. Our laws provide for compensation to families who have lost a loved one caused by the carelessness or negligence of another person or business.

The trial lawyers at Coughlin & Gerhart LLP have extensive experience in handling these tragic cases in seeking justice for the family. So if you find yourself in this tragic situation, whether a loved one has been lost because of a defective product, motor vehicle accident, medical negligence, to name only a few, the trial attorneys at Coughlin & Gerhart LLP have extensive experience and are willing to assist you.

Common Causes Of The Wrongful Death Claims We Handle

With a history dating back more than a century, our firm has handled a wide range of claims across the Southern Tier and Northern Pennsylvania, including:

  • Motor vehicle wrongful death: These accidents involving cars or motorcycles often occur due to another driver’s reckless behavior or direct negligence. Our attorneys work to gather evidence from the scene to prove who was responsible for the tragedy.
  • Medical malpractice wrongful death: Fatalities in a hospital setting may result from a surgical error, misdiagnosis or an incorrect medication dosage. We investigate these complex health care records to determine if a provider failed to meet the required standard of care.
  • Defective product death claim: Manufacturers are responsible when a dangerous consumer good or faulty industrial tool causes a loss of life. Our legal team pursues these companies to help ensure they are held liable for the harm their products caused.
  • Workplace accident wrongful death in New York: Dangerous conditions on construction sites or in industrial facilities can lead to sudden and preventable fatalities. We help families navigate the intersection of workers’ compensation and third-party liability claims to maximize their recovery.
  • Personal injury: Other negligent acts, such as property hazards or unsafe premises, can also result in a devastating loss. Our personal injury wrongful death attorneys provide the professional guidance necessary to address these unique situations and protect your family’s legal rights.

We handle each case with attention to detail and a focus on accountability.

What Compensation May Be Available In A Wrongful Death Claim

The law allows certain surviving family members to pursue wrongful death compensation in New York when a loss is caused by negligence. The following may be included in a claim:

  • Financial recovery after wrongful death aimed to address the loss of the deceased person’s future earnings and the financial support they provided to the household.
  • A wrongful death settlement that may include payment for medical bills and hospital stays related to the final injury.
  • Damages in wrongful death cases recovery that can also include the value of the guidance and nurturing a parent would have provided to their children.

While no result can replace a loved one, we still believe that our financial recovery can help stabilize the future.

Why Choose Coughlin & Gerhart LLP For A Wrongful Death Claim?

At our firm, clients benefit from nearly 125 years of service, a team of more than 60 attorneys and offices across the region. This depth of experience allows us to handle cases with the resources they require while maintaining a personal approach.

We know that clients looking for the best wrongful death attorneys often value consistency and reliability: Our firm’s guiding principle, “Our Best. Every Day,” reflects how we approach every case.

We also offer free consultations and work on a contingency fee basis, so families can focus on what matters while we handle the legal process.

New York Wrongful Death FAQs

Below are the answers to the most common questions people ask after a wrongful death.

How long do I have to file a wrongful death claim in New York?

In most cases, New York law allows two years from the date of death to file a wrongful death claim. There are a few situations where the timeline may change, including the following:

  • Claims involving a government agency may require a notice of claim within a much shorter time.
  • Cases tied to criminal actions can affect when the filing period begins or ends.
  • Delays in appointing an estate representative may impact how quickly a claim can proceed.

Remember, the clock starts the day your loved one passes.

Who can file a wrongful death lawsuit in New York?

A judge appoints a “personal representative” to act for the deceased person’s estate. This is often a close family member, but not always.

The representative acts for surviving family members who may be entitled to recovery.

How much does it cost to hire a wrongful death attorney?

Most wrongful death cases are handled on a contingency fee basis. This means legal fees are only paid if compensation is recovered. The fee is usually a set percentage of the final amount.

There may also be case-related costs that are often discussed early, so there is a clear understanding of what to expect.

Contact Coughlin & Gerhart LLP

Our firm offers a free, no-obligation consultation so we can discuss your injuries and legal options. Our contingency fee policy also means that we will accept attorney’s fees only if we successfully obtain compensation for you.

To speak with an experienced personal injury attorney, send an email or call our main office in Binghamton at (607) 821-2202, toll free 800-646-3420.

Our Personal Injury Law Experience

 

  • Due to strict confidentiality agreements or client preferences in some cases, we are unable to report some of our other successes for additional figures or examples in certain practice areas and categories, but the following is a small sampling of some of our successes.
  • Defective Products
    • $4.9 million verdict for a worker whose arm was amputated in a conveyor.
    • $1.4 million federal verdict for a worker whose arm was mangled in a plastic pipe making machine.
    • $490,000 settlement for a worker whose hand was crushed in a belling machine.
    • $450,000 settlement for estate of woman who was ejected from her car in a collision when the seat back failed.
  • Property Liability
    • Confidential settlement obtained against recreational facility (negligence) for substantial injuries to hip and spine to child injured during a basketball practice.
    • $1.7 million verdict for a child who sustained a brain injury when a slide at a campground fell on him.
    • $1.6 million settlement against a major municipality that negligently maintained a bridge which collapsed.
    • $1.23 million jury verdict following a 7-day trial for a woman injured in a property negligence case.
    • Confidential settlement against retail store for injury to back necessitating surgery as a result of failure to remove obstacle on floor causing patron to trip.
    • Confidential settlement for broken wrist to 67 year old woman after she slipped on foreign substance at restaurant and evidence demonstrated that restaurant was aware of a recurring condition caused by customer spills.
    • $489,000 verdict for an 83-year-old woman who suffered severe injury due to the failure on the part of an assisted living center to provide emergency lighting
    • $550,000 net recovery after settlement for a 45 year old man who slipped on carpeting that was improperly shampooed.
    • $280,000 settlement for 54 year old woman who slipped on ice outside of a restaurant after ice constantly accumulated as a result of snow melt from overhang.
    • $236,000 verdict for 87 year old woman with macular degeneration who fell down basement stairs resulting in fractured hip, fractured leg and rotator cuff tear.
    • $155,000 settlement for 41 year old woman who slipped on landlord’s untreated sidewalk, sustaining a fractured ankle.
    • $102,000 settlement for a 62 year old man who fell down stairs and fractured his ankle.
    • $80,000 settlement for a woman thrown from a horse, which resulted in a separated shoulder.
  • Medical Malpractice
    • Confidential settlement obtained against hospital (medical negligence) for substantial injury to patient who sustained a severe anoxic brain injury on the psychiatric floor.
    • $2.2 million settlement for a child whose pediatrician failed to diagnose a benign, operable brain tumor for 7 years leading to severe cognitive deficits.
    • $2 million settlement for a child who suffered brain damage during birth due to lack of timely intervention by medical personnel.
    • $1.7 million verdict for the estate of a wife and mother discharged from the hospital with a life-threatening disease which, in fact, took her life.
    • $1.7 million verdict against a surgeon and hospital responsible for leaving a sponge in a patient causing severe infection.
    • Achieved a confidential resolution for our client in a matter involving an undiagnosed blood clot that ultimately caused a lower leg amputation.
    • $600,000 settlement for a police officer damaged during an abdominal operation.
    • $500,000 settlement for a new mother who sustained an undetected fourth-degree laceration during childbirth.
    • $475,000 settlement for 40 year old woman injured after improper placement of screws around discs during back fusion surgery.
    • $425,000 verdict for a woman who was damaged during a botched gallbladder operation.
    • $325,000 settlement for misdiagnosed and improperly treated heart attack in 68 year old woman.
    • $255,000 settlement for client due to the misdiagnosis of a severe spinal disc injury.
    • $160,000 settlement for a female patient seduced by the doctor who was treating her for depression.
    • $150,000 settlement due to removal of the wrong thyroid gland in 54 year old woman.
  • Vehicle Accidents
    • $1.4 million settlement for young woman who sustained permanent brain damage as a result of a motor vehicle accident.
    • $825,000 settlement for serious spine injury in a motor vehicle accident.
    • $800,000 policy limits settlement for young lady who sustained personal injuries in a motor vehicle accident, and also lost her mother and younger brother in same accident.
    • $525,000 settlement obtained from trucking company that caused injury to client/motorist on highway following crash, resulting in low back surgery and injury to both knees.
    • $500,000 policy limits settlement for 55-year-old woman who was crushed between two parked cars, which were struck by a farm tractor.
    • $500,000 settlement for a rear seat passenger who suffered a fractured pelvis and head injuries from a car accident.
    • $325,000 for the wrongful death of a retired grandmother.
    • $325,000 settlement for wrongful death of a teenage passenger.
    • $250,000 settlement for the estate of an 18-year-old passenger killed by the driver’s negligence.
    • $250,000 policy limits settlement for the death of a father of five whose motorcycle was struck head-on.
    • $250,000 settlement for pedestrian struck in crosswalk by car that resulted in fractured pelvis and femur.
    • $235,000 settlement for a 42-year-old man whose car was struck head-on and suffered significant ankle and foot injuries.
    • $225,000 settlement for a disabled bus passenger for neck injuries suffered when the special county-run bus she was riding overturned.
    • Jury verdict for $127,000 to two teenagers who suffered low back injuries as a result of a rear-end collision.
    • $80,000 settlement for a 45 year old woman involved in a car accident resulting in a non-displaced fracture of wrist.
  • Labor Law Violations
    • $950,000 settlement for the estate of an asbestos worker who was killed when a crane operator dropped a beam on him.
    • $540,000 settlement obtained against the State of New York for spinal injury sustained by iron worker knocked off bridge abutment during highway construction.
    • $540,000 settlement plus waiver of workers’ compensation lien for torn meniscus from ladder fall.
    • $500,000 settlement plus waiver of compensation lien for a worker seriously injured when an unshored brick wall fell on him.
    • $485,000 settlement for worker who fell off a roof and severely fractured his ankle. Recalcitrant worker defense defeated.
  • General Personal Injury
    • $101,000 settlement to 21 year old college student who suffered fractured teeth after being punched by another student.