When a loved one dies as a result of someone’s negligence, it can be a stressful and confusing time. Along with the emotional heartache, you are also dealing with the financial impact of the loss. In New York, if you lose a loved one due to someone’s negligence, you may be able to pursue a wrongful death claim.
What is a Wrongful Death?
A wrongful death in New York is a death that was caused by the wrongful conduct of another party. This death must give rise to a cause of action that the deceased could have brought if they had not died. There must also be the survival of one or more individuals who have suffered a loss, and there must be damages that can be recovered.
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative of the decedent has the right to bring a wrongful death suit. This individual may be the child, spouse, or parent of the deceased person. However, it can also be the executor of the person’s estate. A family member cannot bring a wrongful death lawsuit unless they are the personal representative. However, family members can be awarded damages.
What Damages are Available in a Wrongful Death Claim?
Damages in a wrongful death claim will be awarded to the survivors of the decedent. A wrongful death lawsuit is intended to compensate the family for the losses they suffered as a result of the death of their loved one. New York law limits the types of damages that are recoverable. These damages include
- Medical Bills and Funeral Expenses—compensation for funeral costs and medical bills related to the deceased person’s final injury
- Pain and Suffering—conscious pain and suffering the decedent experienced before their death. Family members cannot recover for their own pain and suffering.
- Lost Earnings—what the decedent would have earned if they had continued working up until retirement age
- Household Services—the reasonable value of any household services the decedent provided the family—for instance, the value of a stay at home parent’s childcare duties.
- Loss of Parental Guidance—a child whose parent has died may recover for the educational instruction and guidance the parent would have provided if they had not died.
Contact a New York Wrongful Death Attorney
If your loved one has died as the result of someone’s negligence, you should consult with an experienced and compassionate wrongful death attorney. At Bonina & Bonina, P.C., we have been helping the families of negligence victims for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.