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Created: 17 April 2017

After a pedestrian collision that causes a fatality, family members of the victim who was killed in the accident should talk with New York City wrongful death lawyers to find out what legal rights they have. Unfortunately, fatal pedestrian accidents occur far too commonly and families are left facing shattered lives as they try to pick up the pieces. According to AM New York, the risk of a pedestrian accident is not the same throughout the city and some people are far more likely than others to die in a fatal pedestrian accident. In particular, statistics show that people in lower income neighborhoods within the city are more likely to be hit by a car and killed than people in wealthier areas.

Pedestrian Accidents Disproportionately Occur in Lower Income Neighborhoods

AM New York reported on data from the New York City Departments of Health and the New York City Department of Transportation. The data revealed that the rate of pedestrian accident fatalities in high poverty neighborhoods is close to three times higher than the rate of pedestrian accident fatalities in wealthier neighborhoods. In New York City, data on pedestrian death collected from 2012 to 2014 shows that for every 100 miles of roads, there were nine pedestrian fatalities in high-poverty neighborhoods. However, for every 100 miles of road, there were just three pedestrian fatalities in low poverty neighborhoods. This data confirms the discrepancy between pedestrian accident deaths in rich and poor neighborhoods that has been revealed in other research that has been conducted in various cities throughout the United States. Similar research virtually all shows a correlation between living in a high poverty area and having a higher risk of dying as a pedestrian in a motor vehicle collision. There may be more fatalities in these higher poverty areas because these locales are not able to afford infrastructure to create safer streets. One report on child pedestrian fatalities, for example, revealed especially high rates of fatalities among children around public housing areas. The high fatality rates in these locales were attributed to more people crossing mid-block due to the way that streets are laid out. There were also a disproportionate number of people speeding in the area. Unfortunately, the research suggests that lower income areas simply tend to have wider and faster streets, both of which make pedestrian fatalities more likely to occur. The executive director of Transportation Alternatives, who conducted the earlier research into child fatalities, indicates that it is not the actions of individuals causing higher fatality rates; instead, it is “streets that are dangerous by design.” Hopefully, new planned safety initiatives will help to improve conditions in higher risk areas so something can be done about the disproportionate risk. When accidents do happen, it is important for the families of victims to know what their rights are. Rosenberg, Minc, Falkoff & Wolff can help those who were harmed, so contact an attorney as soon as your loved one is killed or as soon as you are injured in a collision.

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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.