Wrongful Death

If you suffered a loss, we sincerely extend our deepest sympathies and condolences. We hold wrongdoers accountable, protect your rights and help you every step of the way to make this most surreal, horrible situation somewhat easier. No one should bear this burden alone.  We show your family respect, compassion and privacy as we vehemently fight for the money and benefits you are entitled to.

Schwartzapfel Lawyers, P.C. – Fighting For You

$3 Million

Verdict In Wrongful Death Case

$1.5 Million

Verdict In Wrongful Death Case

white rose

Representing the Families of Construction Workers Killed on the Job

First, if you suffered a loss, we sincerely extend our deepest sympathies and condolences. Our legal team at Schwartzapfel Lawyers P.C. believes passionately in workers’ rights to a safe and healthy workplace. The dangers on a construction site can be minimized or eliminated. We hold wrongdoers accountable.

If your family member was killed on the job, the contractors and owners and their agents may be at fault. Schwartzapfel Lawyers P.C. helps your family through this difficult experience. Although we urge you to pursue your legal rights as soon as possible to preserve valuable evidence before it is unavailable, removed, lost or stolen. We protect your rights and help you every step of the way to make this most surreal, horrible situation somewhat easier. No one should bear this burden alone. You can count on us to sincerely help you and your family in any and every way we can. We show your family respect, compassion and privacy as we vehemently fight for the money and benefits you are entitled to.

Investigating a Wrongful Death

One of the most frustrating aspects of a wrongful death is getting answers from the people and corporations responsible. After losing your loved one, you may feel like you are given the runaround from your insurance company brokers, their investigators and their lawyers. Our attorneys have every confidence in the legal system and we use the system to get you the answers about what happened, who is to blame and hold them all accountable for your loss which was preventable if only they followed the rules.

After more than three decades of representing the families of fatally injured workers, our attorneys have the resources and expertise to conduct a comprehensive investigation into the accident. We retain and consult with top experts in collision reconstruction, vehicles and roadway systems, products liability, biomechanics, medical device and pharmaceuticals, premises safety, building systems, workplace safety, elevator and escalator trades and railroads to aid in the investigation. We then prosecute this action using the most highly credentialed and qualified experts in every field. Our aggressive litigation tactics and strategy results in maximizing the money you receive in an expeditious manner.

Damages in a Wrongful Death Claim

No amount of money can erase the pain and devastation you feel at the loss of your loved one. However, the money and benefits we recover can help you with the financial challenges that may arise as a result of his or her death. Every case is different, but our New York City wrongful death lawyers may pursue money for your family for:

  • Your loved one’s personal injury claim
  • Expenses related to the funeral and burial
  • Medical bills related to your loved one’s accident
  • Lost wages
  • Wages your loved one would have earned
  • Loss of annuity
  • Loss of health insurance
  • Loss of retirement pension
  • Loss of social security retirement income
  • Services your loved one would have contributed to the household, such as childcare, lawn care, housekeeping, security and accounting
  • Loss of friendship, companionship, love, guidance, moral support, advice and affection
  • Pain and suffering

Call Our Injury and Wrongful Death Firm to Bring a Claim for Your Loved One’s Death

Call Schwartzapfel Lawyers P.C. at 1-888-575-6410 to schedule your free consultation with our dedicated wrongful death lawyers. For your convenience, our New York offices are located in Manhattan, Bronx, Jericho, Deer Park or White Plains. We represent clients in all injury and death cases on a contingency fee plan, meaning you do not pay us until we recover money for you.

We lost a loved one, but we gained a lifelong friend in Schwartzapfel.

The attorneys at Schwartzapfel Lawyers are very helpful and understanding. They are professional and have great experience handling personal injury cases. They show concern and empathy for their clients. They make you feel like you are in good hands. I would highly recommend this firm to anyone I know…They have an A+ rating and a two thumbs up in my book!
– Bobby Mobyed
Schwartzapfel Lawyers are hands down the best law firm on and even off of Long Island. Their team is extremely eager at getting you the justice you truly deserve… They have done right by me 100% and always kept me in the loop, and even treated me as if I were part of their own family. I am truly thankful to have come across this wonderful firm, and will recommend them to everyone I know… Thank you so much Schwartzapfel Lawyers for everything!
– Sebastian Trinidad

Damages in a Wrongful Death Claim

One of the most frustrating aspects of a wrongful death is getting answers from the people and corporations responsible. After losing your loved one, you may feel like you are given the runaround from your insurance company brokers, their investigators and their lawyers. Our attorneys have every confidence in the legal system and we use the system to get you the answers about what happened, who is to blame and hold them all accountable for your loss which was preventable if only they followed the rules.

After more than three decades of representing the families of fatally injured workers, our attorneys have the resources and expertise to conduct a comprehensive investigation into the accident. We retain and consult with top experts in collision reconstruction, vehicles and roadway systems, products liability, biomechanics, medical device and pharmaceuticals, premises safety, building systems, workplace safety, elevator and escalator trades and railroads to aid in the investigation. We then prosecute this action using the most highly credentialed and qualified experts in every field. Our aggressive litigation tactics and strategy results in maximizing the money you receive in an expeditious manner.

No amount of money can erase the pain and devastation you feel at the loss of your loved one. However, the money and benefits we recover can help you with the financial challenges that may arise as a result of his or her death.

Every case is different, but our New York City wrongful death lawyers may pursue money for your family for:

> Your loved one’s personal injury claim
> Expenses related to the funeral and burial
> Medical bills related to your loved one’s accident
> Lost wages
> Wages your loved one would have earned
> Loss of annuity
> Loss of health insurance
> Loss of retirement pension> Loss of social security retirement income
> Services your loved one would have contributed to the household, such as childcare, lawn care, housekeeping, security and accounting
> Loss of friendship, companionship, love, guidance, moral support, advice and affection
> Pain and suffering

Wrongful Death FAQs

What is the time limit for filing a Personal Injury claim vs a Wrongful Death claim?

The statute of limitations for filing a personal injury claim in New York is typically three years from the date of the accident. In the instance of medical malpractice, the victim has two and a half years. Emotional distress claims, or assault and battery injury claims, only have one year from the date of the act.

Wrongful death claims are limited to two years from the death of the individual.

How Does a Wrongful Death Claim Differ from a Personal Injury Claim?

Wrongful death claims and personal injury claims have some similarities. Both are based on negligence – the fact that a person had a duty of care, which was breached. In both, someone suffers some form of injury. As a result of that injury, there were financial costs (i.e., medical bills, hospitalization, lost wages, in-home care, and other economic damages). Despite these similarities, wrongful death claims and personal injury claims have two very different purposes – and, therefore, different procedures.

The Harm That a Personal Injury Claim Addresses

Personal injury claims are concerned with an injured party that became injured because of another party’s negligence. Wrongful death claims, on the other hand, are based on the death of an individual that occurred because of another person’s negligence. Essentially, wrongful death claims only occur when someone’s behavior led to a death that could have been otherwise prevented.

The Goal of These Claims

Personal injury claims are designed to compensate the surviving victim for his or her injury and financial losses. The damages are paid to the victim by the defendant (the individual responsible for the injury).

Wrongful death claims cannot compensate the victim. Instead, they shift the compensation to the surviving family members, and the costs that they endured because of their loved one’s untimely death.

Who Can File a Claim?

In a personal injury claim, it is the victim who files the injury claim. In the instance of a minor, parents could file on their child’s behalf (this is also the case for individuals over the age of 18 who are mentally ill).

In contrast, a wrongful death claim must be filed by a representative of the deceased. This can include surviving spouses, children, a sibling, a surviving parent, or relative.

Damages

In a personal injury claim, the damages that can be awarded to the plaintiff (injured party) are different than those of a wrongful death claim. Damages that a personal injury claim may receive include:

  • Medical costs (including future costs)
  • Lost wages
  • Pain and suffering
  • Punitive damages (in cases where malicious intent is present)

In a wrongful death claim, medical costs can be recovered for those costs that the deceased encountered up until his or her death (as long as they are related to the injury that caused the death). In addition, family members can request compensation for funeral and burial costs, loss of financial support, loss of companionship, etc.

Wrongful Death Articles

steven schwartzapfel

Steven Schwartzapfel

Our founding partner Steven J. Schwartzapfel understands the frustrations and heartbreak of living with a serious physical disability. His father was diagnosed with multiple sclerosis and often needed assistance with everyday activities. This childhood experience sparked Steve’s passion for helping injury victims and shaped Steve’s approach to legal practice. Our attorneys advise you in the same manner as we would our own family member. We provide honest, helpful advice and treat you with the honor, dignity, respect and compassion you should expect from a genuinely caring, concerned and committed attorney.
• National Trial Lawyers Top 100 Trial Lawyers
• Top 5% of Practicing Lawyers according to New York Times Super Lawyers

30+ Years

fighting HARD & Winning

We aggressively prosecute a clients action and get the money and benefits our clients deserve, as quickly as possible.

98%

SUCCESS RATE

Having worked for the insurance companies we know all the tactics they’ll use to deny, delay and disclaim a legitimate case.

NO FEE

UNLESS WE WIN

That’s right. No fee unless we win. Not wanting or being able to pay upfront fees should not stand in the way of seeking the justice you deserve.

When tragedy strikes, Schwartzapfel strikes back.