If your loved one has died due to the negligence or wrongful conduct of another party, you may be thinking of bringing a legal claim against that party. Wrongful death is the term used in a lawsuit against a company or person whose negligence or wrongful conduct caused either an immediate death or injuries that were the cause of death.
Wrongful Death Claims Can Help a Family Rebuild
Although a lawsuit cannot compensate you for the grief and loss you are feeling, wanting to know how much one might receive from a wrongful death lawsuit is a normal and natural question. The death of a loved one might, in addition, have left you under financial duress. It’s important to know that wrongful death suits in New York state are meant to compensate spouses and other family members for financial loss related to the death, so that they may begin to rebuild their lives.
That said, how much a wrongful death lawsuit is worth is determined by a number of factors. While the attorneys at Edelman, Krasin & Jaye recently won a $1.4 million verdict when a jury determined that a 37-year-old Queens County worker’s electrocution death was caused by unsafe workplace conditions, there is no set formula. Compensation as a result of a lawsuit can depend on the circumstances surrounding the death as well as the types of damages allowed in wrongful death cases in New York State.
Possible Types Of Compensation in a Wrongful Death Claim
Your attorney will always fight for justice: fair and full compensation to reimburse you for both economic and non-economic losses you may have incurred as a result of wrongful death.
Under New York law, wrongful death damages may be sought for the following:
- Funeral expenses
- Medical costs related to the injury, before the death occurred
- Lost earnings
- Lost benefits
- Loss of consortium
- Loss of parental support
- Loss of services (examples: cooking, care-giving, household chores, household maintenance)
Some states allow personal injury or wrongful death compensation for grief or sorrow. While New York law does not allow this, damages for “conscious pain and suffering” may be allowable. This term refers to what the decedent may have suffered between injury and death. It factors in consciousness, severity of pain, and other considerations.
Damages received are on current dollar amounts, and are not adjusted for future inflation.
Claims may be filed by immediate family members, including: spouses, parents, children, siblings, and first-generation grandchildren. Claimants need to have suffered some form of economic damage as a result of the death.
If You Need a Wrongful Death Attorney in NYC or Long Island
Since 1952, Edelman, Krasin & Jaye have been serving residents of the five boroughs of New York City and Nassau and Suffolk counties. If your loved one died as a result of the negligence or wrongful conduct of another party, call us toll free today. The initial consultation with an experienced Long Island wrongful death lawyer is free. There is no obligation, and we charge no fees unless we win your case.
- Marsh, Bill. “Putting a Price on the Priceless.” New York Times. September 9, 2007. https://www.nytimes.com/2007/09/09/weekinreview/09marsh.html
- Moore, Thomas A. and Matthew Gaier. “Itemized Damages in Wrongful Death Actions.” New York Law Journal. April 2, 2018. https://www.law.com/newyorklawjournal/2018/04/02/itemized-damages-in-wrongful-death-actions/?slreturn=20180901131658