Wrongful Death
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Wrongful death lawsuits are brought by the family of a person who has died due to the deliberate, reckless, or negligent actions of another.


Kelner & Kelner  has obtained recoveries exceeding $1,000,000 in more than 100 personal injury cases involving automobile accidents, product liability cases, medical malpractice, and many other areas. The firm has achieved some of the most notable results in New York State history. The firm won a $27.6 million jury verdict for our client, Bernard Harvey, a construction worker who sustained brain damage. After appeal, this case resulted in the highest affirmed personal injury recovery in the state's history, $14.3 million ($16.5 million including interest). Kelner & Kelner also obtained for our client, Frank Driscoll, a $35.6.million jury verdict, now on appeal. The verdict obtained for Raul Martin, $23 million, was, at the time, the highest ever in Queens County.


The goal of this type of personal injury claim is to gain compensation for close relatives, in order to help defray medical costs and provide financial support. A wrongful death lawsuit may also seek damages for pain and suffering, lost wages, mental anguish, and loss of companionship or support for the surviving relatives.

Immediate family members of the deceased can bring wrongful death claims. This means that parents, spouses, and children are almost always eligible to file a claim, although minors may need an adult guardian to bring a lawsuit to court.  Depending on the circumstances, even a friend of the deceased person may be appointed by a court to file a lawsuit on behalf of an estate.

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RONALD C. BURKE
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Copyright Ronald C. Burke, Esq. 2009
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