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Created: 17 January 2017

According to the Centers for Disease Control and Prevention, there were 3.98 million births in the United States in 2015. In 2014, the number of births in the country was 3,988,076. This means that the birth rate was 12.5 per 1,000 people. The fertility rate for the same year was 62.9 per 1,000 women between the ages of 15 and 44.

Read more: Wrongful Death of a Fetus and Medical Malpractice in New York

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Created: 21 December 2016

According to the Centers for Disease Control and Prevention (CDC), about 31 million emergency department visits occur each year for unintentional injuries in the United States.

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There are 136,053 unintentional injury deaths, which accounts for 42.7 deaths for every 100,000 of the population. Unintentional injury ranks number 4 in the cause of deaths across the country. There are 31,959 unintentional fall deaths, which is 10 deaths per 100,000 of the population.

Common Questions about Wrongful Death

Many people have questions about wrongful death. Here is a look at some of the most common ones with their answers.

Q1: What happens if a person dies before they could bring a personal injury lawsuit?

A: This depends on whether a person dies because of the injuries or from causes that are not related. If a person dies as a result of injuries sustained in an accident, their survivors or heirs may be able to recover monetary compensation through a lawsuit. In every state, there is a law that permits an action when the wrongful death of a person is caused by another. If a person that has a personal injury claim dies due to unrelated causes, in most cases, the claim survives and may be brought by the personal representative or executor of the deceased person’s estate.

Q2: What happens when an unborn baby or fetus dies?

A: In several states, it is required for an infant to be born alive in order for its death to be the subject of a law suit or wrongful death claim. This means that a fetus’ death might not be actionable. You should talk to a local attorney to find out what the precise law is in your state.

Q3: Can punitive damages be recovered in wrongful death actions?

A: In most states, punitive damages may not be recovered by a plaintiff in a wrongful death action.  However, there are some states where there are specific statutes that allow the recovery of punitive damages.

Q4: Can someone sue for a decedent’s pain and suffering?

A: Yes, in addition to the wrongful death, the family of a decedent may recover damages for the pain and suffering endured by the decedent prior to death.

Q5: Can a wrongful death action be brought based on a child or elderly person’s death?

A: Yes, damages can be recovered in a wrongful death cause of action for a child or an elderly person’s death. However, for a number of different reasons, the damage awards obtained for both decedent classes are typically modest. If you or a loved one has a wrongful death case, you should immediately seek the help of the skilled and experienced personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting to discuss the merits of your case and find out if you have a viable case to bring a wrongful death cause of action against the negligent party is free. What do you have to say? What is your side of the story? If we believe your case is viable we will ride this with you until the end. We know which legal avenues to take and when to take them. RMFW has won big cases in the past, your case can be one of them. Call us today! Waiting does not make any sense.

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Created: 06 December 2016

WORKER KILLED IN FATAL ACCIDENT

HENRIETTA, NEW YORK (December 5, 2016) – An industrial worker was killed in a tragic accident after an apparent malfunction with a 200 ton metal press. Authorities have been able to identify the worker that died as Daniel A. Mayer of Fairport. The company has not released any further details about exactly what happened. The Mersen company website says that it is a "expert in electrical power and advanced materials." Police will continue to investigate what happened in order to determine liability. The RMFW Law Firm would like to extend its deepest condolences to the family of Daniel  Mayer who worked at the Mersen Corporation. We sincerely hope that steps will be taken to help ensure that workers at this location are protected from a similar accident.

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Created: 06 December 2016

200 TON METAL PRESS KILLS WORKER AT ELECTRONICS PARTS SUPPLIER

HENRIETTA, NEW YORK (December 5, 2016) – A worker at an industrial site sustained a serious injury and later died after he was hit by a 200 ton metal press, according to ABC 13. The accident on Jefferson Road continues to be investigated. The Mersen Corporation, which employed the worker, released a statement about the accident. They expressed great sadness about the death of Daniel Mayer at the plant in Rochester. Employees and emergency medical workers rushed to aid Mayer, but he later died at the scene. The RMFW Law Firm would like to extend its condolences to the family of Daniel Mayer as they cope with such an incredible loss. We encourage the police to conduct a thorough investigation for the sake of all of those involved.

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Created: 16 July 2016

CITY MAY BE LIABLE FOR DEADLY CAR ACCIDENT BROOKLYN, NEW YORK (July 16, 2016) 

One man was killed and three other people were seriously injured when a drunk off-duty NYPD Cop drove his SUV onto the sidewalk, according to the New York Post. Authorities are saying that the crash happened early Saturday morning when the off-duty police officer was driving his  gray Dodge Durango SUV. Witnesses say that the officer was speeding and swerving before the crash. The victims were walking past a Bedford Ave. townhouse in Williamsburg at the time of the collision. Authorities have been able to identify the 21-year-old man that was killed as Andrew Esquivel. Prosecutors were able to identify the three injured pedestrians as Divya Menezes, Sophia Tabachoun and James Balchaunas. The victims were hospitalized and received treatment for their injuries. Neighbors came out of the houses after they heard the accident on Bedford Avenue near North 8th Street. The scene was completely chaotic with numerous injured pedestrians. One man had his leg torn off in the collision and another male victim was impaled on a fence. Emergency medical crews rushed to the scene of the accident and were able to pronounce one man dead. Early reports suggest that the off-duty cop tried to flee the scene but he was detained by witnesses and later charged with driving under the influence (DUI). A Facebook profile believed to belong to the officer shows him with alcohol in around a half dozen photos. Typically the city can be held liable for the negligence of police officers so long as they are working within the scope of their employment at the time of the accident. The officer in this instance did appear to be off duty, though he was scheduled to show up for work in a few hours. However, a new theory of negligence working its way through the courts could hold the NYPD responsible for the deadly accident. There has been a history of incidents involving drunk NYPD officers which would seem to be indicative of a systemic problem. The New York Police Department is currently facing a 90 million dollar lawsuit over an off-duty officer who got drunk and randomly shot a man six times nearly killing him. This accident may very well be an outgrowth of the New York Police Department's refusal to deal with the problem of alcohol abuse within its ranks. We implore the NYPD and Mayor De Blasio to take measurable steps to fix this problem before even more people end up dead.

HELPING THOSE IN NEED BY RAISING AWARENESS

If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: This email address is being protected from spambots. You need JavaScript enabled to view it.. Our staff at the RMFW Law Firm were heartbroken to learn about this tragic car collision in Brooklyn. It is simply incomprehensible that an officer of the law who is charged with serving the public would act so recklessly. Our thoughts and prayers are with the victim's and their families as they work to heal. If there is anything at all that we can do for them as they begin the long road to recovery, our phones are always on  212-344-1000.