Staten Island Wrongful Death Lawyer

April 8, 2025
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Staten Island Wrongful Death Lawyer

Staten Island Wrongful Death Lawyer – Seeking Justice for Your Loved One

Losing a loved one due to someone else’s negligence is heartbreaking. The emotional toll is overwhelming, and the financial burden only adds to the pain. Medical bills, funeral expenses, and lost income can leave families struggling. If you’re dealing with a Staten Island Wrongful Death Lawyer case, you’re likely feeling confused, angry, and unsure of what steps to take next. Unfortunately, insurance companies often minimize payouts, making it even harder to get the justice and wrongful death compensation you deserve.

At MB Injury Lawyer, we understand the weight of your loss. Our Wrongful Death attorneys from Staten Island fight relentlessly to hold responsible parties accountable. With experience, compassion, and a proven track record, we guide families through the legal process to recover maximum wrongful death settlement amounts.

Book a consultation now, and let us help you recover your compensation with no upfront costs!

What to Do Immediately After a Wrongful Death Incident in Staten Island?

Losing a loved one due to negligence is devastating, and while no action can replace what’s lost, taking the right steps can help secure justice. The legal process can be overwhelming, but knowing what to do next is crucial. If you’re dealing with a wrongful death case in Staten Island, here’s what you should focus on:

1. Report the Incident to Authorities

Immediately call 911 to report the incident. Whether it’s a car crash, workplace accident, or medical malpractice, an official police report serves as critical evidence in wrongful death claims and potential wrongful death lawsuits.

2. Gather Essential Evidence

Preserve any documentation related to the case—medical records, accident reports, and eyewitness statements. Photos or videos from the scene can help Staten Island wrongful death attorneys build a strong case.

3. Avoid Speaking with Insurance Companies

Insurance adjusters often attempt to minimize wrongful death compensation. Before making any statements or accepting settlements, consult a wrongful death lawyer in Staten Island to ensure you receive the compensation you’re entitled to.

4. Understand Your Legal Rights

New York law allows certain family members to file wrongful death claims (N.Y. Est. Powers & Trusts Law § 5-4.1). A wrongful death attorney in Staten Island can explain your rights and help you take legal action within the required timeframe.

5. Contact an Experienced Staten Island Wrongful Death Lawyer

If you’re searching for a Staten Island wrongful death lawyer near me, our team at MB Injury Lawyer is here to help. As one of the best wrongful death lawyers in Staten Island, we fight aggressively to secure fair wrongful death settlements for families.

What Are the Most Common Causes of Wrongful Death in Staten Island? 

Wrongful deaths occur due to negligence, recklessness, or intentional harm. Understanding the leading causes can help families recognize when they have grounds for wrongful death claims and seek justice. Here are some of the most common reasons families turn to a Staten Island wrongful death lawyer for help.

1. Motor Vehicle Accidents

Car, truck, motorcycle, and pedestrian accidents are among the leading causes of wrongful death cases. According to the New York Department of Motor Vehicles, fatal crashes in Staten Island often result from speeding, drunk driving, and distracted driving. If your loved one was a victim, Staten Island accident lawyers can help you fight for wrongful death compensation.

2. Medical Malpractice

Doctors and healthcare professionals are responsible for providing proper care. When misdiagnosis, surgical errors, or medication mistakes lead to death, a wrongful death attorney in Staten Island can help hold negligent medical providers accountable.

3. Workplace and Construction Accidents

Falls, electrocutions, and equipment failures contribute to workplace fatalities. Staten Island’s construction industry is particularly dangerous, with numerous reported deaths annually. Surviving family members may be eligible for wrongful death damages through a lawsuit.

4. Defective Products

When a faulty product causes fatal injuries, manufacturers can be held responsible under product liability laws. A wrongful death lawyer in Staten Island can investigate whether a defective car part, appliance, or medication led to a preventable death.

5. Criminal Acts and Negligence

Violence, such as assaults or shootings, can lead to wrongful death lawsuits. Even if a perpetrator faces criminal charges, families can still file civil suits for wrongful death settlements with the help of Staten Island wrongful death attorneys.

If you believe your loved one’s death resulted from negligence, contact our team for a free consultation today.

What Compensation Can You Recover in a Wrongful Death Case in Staten Island? 

Losing a loved one unexpectedly not only brings emotional devastation but can also leave families struggling financially. If someone else’s negligence caused the loss, you may be entitled to wrongful death compensation. A Staten Island wrongful death lawyer can help you understand what damages you may recover.

1. Medical Expenses

If your loved one received medical treatment before passing, you may be able to recover costs related to hospital stays, surgeries, and emergency care. These expenses are often included in wrongful death claims.

2. Funeral and Burial Costs

Funeral services can be expensive, and surviving families should not bear this financial burden alone. Compensation can cover burial, cremation, and memorial expenses.

3. Lost Income and Benefits

When a wrongful death results in the loss of a family’s primary provider, wrongful death lawsuits can seek compensation for lost wages, pension benefits, and future earnings.

4. Pain and Suffering

Although no amount of money can replace a loved one, New York law allows families to seek damages for the pain and suffering their loved one endured before passing.

5. Loss of Parental Guidance and Support

Children who lose a parent due to negligence may be entitled to wrongful death damages for lost emotional support, care, and guidance.

6. Punitive Damages

In cases of extreme negligence or misconduct, courts may award punitive damages to punish the responsible party and deter similar actions.

7. Loss of Consortium

Spouses may claim compensation for the emotional and companionship loss caused by a wrongful death. A wrongful death attorney in Staten Island can help determine eligibility.

Who Can File a Wrongful Death Claim in Staten Island?

In New York, only the personal representative of the deceased’s estate can file wrongful death claims on behalf of surviving family members (N.Y. Est. Powers & Trusts Law § 5-4.1). This typically includes spouses, children, parents, or other dependents who suffer financial and emotional losses.

If you’re uncertain about your eligibility, a Staten Island wrongful death lawyer can evaluate your case and guide you through the legal process. If you’re looking for a wrongful death lawyer near me, our team is here to help.

How Long Do You Have to File a Wrongful Death Lawsuit in Staten Island?

In New York, the statute of limitations for wrongful death lawsuits is two years from the date of death (N.Y. Est. Powers & Trusts Law § 5-4.1). Failing to file within this timeframe may result in losing the right to seek wrongful death compensation. However, exceptions may apply in cases involving minors or criminal investigations.

To protect your claim, consult a Staten Island wrongful death lawyer as soon as possible. If you’re searching for a wrongful death lawyer near me, our experienced attorneys are here to help. 

What Is the Difference Between a Criminal Homicide Case and a Wrongful Death Lawsuit?

A criminal homicide case is prosecuted by the state and focuses on punishing the offender with penalties like imprisonment or fines. The burden of proof is high, requiring guilt “beyond a reasonable doubt.”

A wrongful death lawsuit, on the other hand, is a civil case filed by the victim’s family to seek wrongful death compensation for financial and emotional losses. The burden of proof is lower, requiring only a “preponderance of the evidence.” A Staten Island wrongful death lawyer can help families pursue justice, even if no criminal charges are filed. Contact us today to explore your legal options.

Different Types of Wrongful Death Cases Our Lawyers Handle 

Wrongful deaths can happen in many ways, and each case comes with unique challenges. At MB Injury Lawyer, our Staten Island wrongful death attorneys have extensive experience handling complex wrongful death cases and fighting for the compensation families deserve. If you’ve lost a loved one due to negligence, our team can help you pursue justice.

We handle a wide range of wrongful death claims, including:

  • Motor Vehicle Accidents – Fatal crashes involving cars, trucks, motorcycles, and pedestrians due to reckless driving, DUI, or distracted driving.
  • Medical Malpractice – Cases involving surgical errors, misdiagnosis, delayed treatment, or prescription mistakes leading to death.
  • Workplace and Construction Accidents – Fatal injuries from falls, machinery malfunctions, or unsafe working conditions.
  • Defective Products – Deaths caused by unsafe medications, faulty machinery, or hazardous consumer products.
  • Premises Liability – Fatal injuries resulting from unsafe properties, such as slip-and-fall incidents or structural collapses.
  • Violence and Negligent Security – Cases where criminal actions or lack of security measures led to wrongful death.

If you’re searching for a Staten Island wrongful death lawyer near me, our firm is here to provide the legal support you need. Contact us today for a free consultation.

How to Book a FREE Consultation With Our Wrongful Death Lawyers in Staten Island?

Losing a loved one due to negligence is overwhelming, but you don’t have to handle the legal process alone. Our Staten Island wrongful death lawyers are here to help you understand your rights and seek the wrongful death compensation you deserve. We offer a free case review to discuss your legal options and the best course of action for your wrongful death case in Staten Island.

If you’re looking for a wrongful death lawyer near me, contact us today at (347) 639-0349 or visit our website to complete our online form. Let us fight for the justice and compensation your family deserves. 

What Can Our Wrongful Death Lawyers Do for You?

Losing a loved one due to negligence is emotionally and financially devastating. Pursuing wrongful death claims can feel overwhelming, especially while grieving. That’s where our Staten Island wrongful death attorneys step in—to handle the legal complexities while you focus on healing. Our team fights for justice, ensuring you receive the wrongful death compensation you deserve.

Here’s how we can help:

  • Case Evaluation & Legal Guidance – We assess your wrongful death case in Staten Island, explain your rights, and outline your legal options.
  • Gathering Evidence – Our team collects police reports, medical records, and expert testimony to strengthen your wrongful death lawsuit.
  • Negotiating with Insurance Companies – We handle all communication to prevent insurers from undervaluing your wrongful death settlement.
  • Filing the Lawsuit on Time – New York law sets a strict statute of limitations of two years for wrongful death cases, and we ensure your case is filed correctly.
  • Calculating Compensation – We determine the full value of your wrongful death damages, including lost income, medical costs, and emotional suffering.
  • Taking Your Case to Trial – If a fair settlement isn’t offered, our wrongful death attorneys from Staten Island are prepared to fight aggressively in court.
  • Providing Personalized Support – As one of the best wrongful death lawyers in Staten Island, we prioritize your needs, keeping you informed throughout the process.

If you’re looking for a Staten Island wrongful death lawyer near me, contact us today for a free consultation and let us handle the legal battle for you. 

Why Choose MB Injury Lawyer for Your Wrongful Death Case in Staten Island?

Choosing the right legal team can make all the difference in securing justice for your loved one. At MB Injury Lawyer, our Staten Island wrongful death attorneys have a proven track record of fighting for families and recovering maximum wrongful death compensation. We understand the emotional and financial toll of losing someone due to negligence, and we are committed to providing compassionate yet aggressive representation.

Here’s why families trust us:

  • Proven Results – We have successfully handled numerous wrongful death cases, securing millions in wrongful death settlements for grieving families.
  • No Fees Unless We Win – You don’t pay us a dime unless we recover wrongful death damages for you.
  • Former Defense Attorney Advantage – Our lead attorney, Michael Benenati, knows how insurance companies operate and how to counter their tactics.
  • Personalized Legal Strategy – Every case is unique, and we tailor our approach to ensure the best outcome for your wrongful death lawsuit.
  • Dedicated Client Support – We treat every client like family, providing clear communication and legal guidance every step of the way.
  • Recognized as the Best – Our firm is known as one of the best wrongful death lawyers in Staten Island, trusted by families seeking justice.
  • Free Consultation & Case Review – If you’re looking for a Staten Island wrongful death lawyer near me, call us at (347) 639-0349 or fill out our online form to get started.

FAQs 

1. Can multiple family members file separate wrongful death lawsuits?

No, in New York, only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of the surviving family members. However, the compensation can be distributed among eligible heirs.

2. How long does a wrongful death case in Staten Island take to settle?

The timeline varies based on case complexity, evidence, and negotiations. Some wrongful death settlements resolve in months, while others take years, especially if litigation is required. A Staten Island wrongful death lawyer can provide a more accurate estimate.

3. Can a wrongful death claim be filed if the victim was partially at fault?

Yes, under New York’s comparative negligence law, wrongful death claims may still be pursued, but compensation may be reduced based on the victim’s level of fault. A wrongful death attorney in Staten Island can help assess your case.

4. What if the responsible party is facing criminal charges?

A wrongful death lawsuit is separate from criminal proceedings. Even if a defendant is acquitted in a criminal case, families can still pursue wrongful death damages in a civil court.

5. How is wrongful death compensation distributed among family members?

Compensation is typically distributed based on financial dependency. Spouses, children, and parents may receive wrongful death compensation, but exact distribution depends on estate laws. A Staten Island wrongful death attorney can clarify how it applies to your case.

6. What evidence is needed to prove a wrongful death case in Staten Island?

Strong evidence includes medical records, accident reports, expert testimony, and witness statements. A Staten Island wrongful death lawyer will gather and present the necessary proof to maximize your wrongful death settlement.

Justice for Your Loved One Starts Here – Let’s Fight for What You Deserve

Losing a loved one due to negligence is painful, but you don’t have to face the legal battle alone. A Staten Island wrongful death lawyer from MB Injury Lawyer can help you pursue justice and the wrongful death compensation your family deserves. We know how difficult this time is, and we’re here to guide you with compassion, strength, and legal expertise.

If you’re looking for the best wrongful death lawyer in Staten Island, our team is ready to stand by your side. Contact us today at (347) 639-0349 or fill out our online form for a free consultation. Let us fight for your wrongful death settlement while you focus on healing.

Serving Clients in Staten Island, NY

Our attorneys assist clients throughout Staten Island, including neighborhoods like St. George, Tottenville, and Great Kills. Key landmarks include the Staten Island Ferry, Staten Island Greenbelt, and Historic Richmond Town.

Contact Information

Michael Benenati, Attorney at Law
37-08 28th Avenue, Suite 302
Astoria, New York 11103
+1 347-639-0349

We serve clients in Staten Island from our Astoria office.