Islip Wrongful Death Lawyer

Filing a lawsuit is the last thing on the mind of a family in New York who has lost a loved one. However, it is the right thing to do when the death of their loved one has been caused by someone’s negligence. At times, filing a wrongful death lawsuit to hold the negligent party accountable is the right way to find closure. This process also allows the family to get the compensation they deserve.

Here at Cellino Law, our team of experienced and highly skilled Islip wrongful death lawyers can help you in this matter. We understand how difficult it is to process the death of a loved one. However, you need to act quickly as there are deadlines to be met when it comes to filing a wrongful death lawsuit, and deadlines in such cases are shorter as compared to other types of lawsuits. Our Islip personal injury attorneys will work hard to expedite this process.

How Wrongful Death is Defined in New York

When an individual loses their life due to the reckless or negligent actions of another party, their death may be determined to be wrongful. For instance in Islip, NY, a death that happens due to a truck or car accident, medical malpractice, neglect, or abuse at a nursing home, or due to a construction accident may be determined to be wrongful.

The person representing the decedent’s estate has the legal right to bring on a wrongful death lawsuit against the parties who are responsible for the death. The aim of this lawsuit is to recover fair compensation for the heir or heirs of the decedent. This law is designed to protect:

  • Parents of a minor child
  • Decedent’s offspring
  • Significant other or spouse of the decedent

How Wrongful Death Claims are Proven in New York

In order to win a wrongful death lawsuit, the most important thing is to establish that the victim lost their life due to the recklessness or negligence of the responsible party. It needs to be proven that the reckless or neglectful behavior on part of the responsible party caused the death directly or in a manner that contributed to the death of the deceased.

The definition of reckless behavior is conscious disregard on part of the negligent party when their actions cause harm to others. When it comes to negligent behavior, it is defined as the failure of the individual to act in a manner that any other person behaving in a reasonable matter would have in similar circumstances.

There are 2 things that need to be proven in order to build a successful case. Here at Cellino Law, our team of highly skilled attorneys will work to prove that:

The Responsible Party Owes a Duty

It is natural to assume that people act in a responsible manner. They are responsible for their actions. The responsible party must act in a manner to avoid causing harm to others through their actions in order to keep people safe.

The Defendant Breached Their Legal Duty

It needs to be proven that the responsible party failed to act in a reasonable and prudent manner, or their actions were careless, reckless or negligent leading to the wrongful death of a person.

Contact an Islip wrongful death lawyer today to schedule a free case review.

Who can File a Wrongful Death Claim in Islip?

The personal representative of the decedent’s estate is the only person who can file a wrongful death claim in the state of New York. The personal representative could be the administrator or executor of the estate. The County Surrogate’s Court appoints this representative. If the deceased has a will, the executor named in the will is given this responsibility. If no executor is noted, an administrator is named by the judge of the Surrogate’s Court.

In the State of New York, following family members have the legal right to file a wrongful death case:

  • Adopted or biological children
  • Spouses
  • Dependent or blood relatives
  • Parents

What Compensation can be Recovered by a Wrongful Death Claim in New York?

No amount of money can match the grief associated with the death of a loved one. This is why, in the State of New York, the calculation for compensation takes into account the economic impact as well as the financial earnings of the deceased. In such cases, the compensation primarily consists of 2 parts.

The first part of the compensation is calculated on the basis of pain and suffering the victim had to go through before death. An extensive analysis is completed by a forensic pathologist who then gives testimony. It’s not easy for the survivors to listen to the details of the pain and suffering their loved one experienced but it’s necessary to get fair compensation for the survivors.

The other part of the compensation is calculated on the basis of the victim’s earning potential as well as their future earning in case they hadn’t died. Financial records are analyzed to calculate the loss of earning capacity in order to arrive at the amount of money a family has lost. Different types of compensation can be recovered after wrongful death including:

  • Medical expenses due to the accident
  • Expenses for the funeral, burial and/or cremation
  • Healthcare, childcare policies as well as other services decedent provided to the family
  • Future wages that will no longer be available to the family
  • Loss in value of assets or inheritance
  • Loss of guidance to surviving children

The calculation for economic damages takes 2 primary factors into consideration. It becomes especially important when calculating the loss of wages. These factors are the age of the victim at the time of their death and their remaining life expectancy. When a young child loses a parent unexpectedly, many years of wages that would have supported them into adulthood are also lost.

The emotional pain and suffering of the surviving family members are not taken into account when calculating damages in the State of New York. It is unfortunate that the law lacks compassion in this regard. Our law offices are working hard to change this. However, until it is changed, we will fight for you to get the maximum compensation possible in such cases.

Call Cellino Law Today to Schedule a Free Consultation With an Islip Wrongful Death Lawyer

It’s important to note that wrongful death cases have time limitations. Therefore, it is important for the representative to act quickly when they choose to take legal action. The deadlines for filing a lawsuit are much shorter when public authorities are involved in the case. The statute of limitations won’t be extended by the courts and therefore, it is important for survivors to act quickly in such cases. If the lawsuit isn’t filed within the deadlines as defined by law, survivors might lose their right to file a lawsuit forever.



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  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • Cellino Law was a great company to work with. From the beginning they came out and met with my uncle and myself and assured us that everything would be taken care of from beginning to end our lawyer state and constant contact with us to make sure that everything would go smoothly and it did. I would definitely recommend anybody to go to Cellino Law for whatever help they need. And specifically please ask for the lawyer that we had Mr. Alan Silverstein. He was amazing and his staff was always attentive. Please go with them for your next law needs.


  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!


  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.


  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

    Danielle and Joe

  • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.