When a loved one passes before their time, it’s devastating. However, when their untimely passing is the result of another party’s negligence, it can make it much harder to move on. While you navigate the emotional toll of this sudden loss, the idea of pursuing legal action might seem overwhelming. As difficult as it may be, a wrongful death claim can be essential for holding the responsible party accountable and securing the compensation your family needs. Please continue reading to learn who is eligible to file a wrongful death claim in New York, the damages available, and how a seasoned New York City Wrongful Death Attorney can help guide you through these tough times.
Who Can File a Wrongful Death Claim in New York?
When a death was caused by the negligence or intentional wrongdoing of another person, a wrongful death claim can be pursued in New York. Contrary to popular belief, a wrongful death claim cannot be filed by anyone who was deeply affected by the loss. In New York, only the personal representative of the estate can file a wrongful death lawsuit. They are responsible for seeking damages for the deceased’s family.
What Types of Damages Are Available?
The personal representative can secure various financial recoveries for the grieving family. New York State law strictly limits the damages recoverable in a wrongful death claim, explicitly prohibiting compensation for the survivor’s emotional distress or loss of companionship. The state focuses exclusively on the financial impact of the death. Beneficiaries could potentially receive compensation for:
- Costs incurred for medical treatment related to the final days of the deceased
- Burial and funeral costs
- Wages and other financial benefits that were lost as a result of the death
- Pain and suffering endured by the deceased before their death
- Monetary value of the support and assistance of the deceased previously provided by the deceased
- Loss of expected inheritance
- Pre-judgment interest of 9% on the awarded sum, calculated from the date of the death
It should be noted that the state doesn’t impose a strict cap on economic damages. Nevertheless, damages must be supported by significant evidence. The court will weigh various factors to determine fair and reasonable compensation.
Why Should You Speak with a Wrongful Death Attorney?
When facing a wrongful death claim in New York, it’s crucial to enlist the help of a qualified New York City wrongful death attorney who can help you accurately assess the total financial impact of the damages. At Swerling Law, our legal team is prepared to help negotiate appropriate compensation and represent your interests in court if necessary.
In the unfortunate event that you’ve lost a loved one due to someone else’s negligence or intentional act, please don’t hesitate to contact the compassionate legal team at Swerling Law. We are ready to fight for the justice your family deserves.