NEW YORK CITY WRONGFUL
It goes without saying that the death of a loved one is a tragic event. New York allows you to pursue a wrongful death claim to recover compensation for losses associated with the death of a loved one caused by the negligence, carelessness or wrongdoing of another.
Who Can File a Wrongful Death Claim in New York?
A wrongful death claim is essentially a personal injury claim brought by "personal representative" of the decedent's estate. Stated simply, the same facts that would have enabled the decedent to bring a personal injury claim had he or she survived, are the same facts that enable the personal representative of the decedent's estate to bring a wrongful death claim against the person or persons responsible for his or her death.
Generally, in New York wrongful death claims, courts look to see whether:
- A death occurred;
- The death was the result of the defendant’s wrongful conduct;
- The defendant’s wrongful conduct would have given rise to an injury claim had the decedent survived;
- The decedent is survived by one or more persons who have suffered a loss as a result of his or her death; and
- The actual amount of damages recoverable by the decedent’s estate.
What Damages May Be Recovered Under a Wrongful Death Claim in New York?
New York allows the decedent’s estate to recover a number of damages under a wrongful death claim, such as:
- Loss of income, wages, and benefits suffered by the decedent before his or her death
- Loss of support and household services the deceased provided to family members
- Loss of inheritance suffered by the decedent’s children
- Loss of parental care and nurturing suffered by the decedent’s children
- The decedent’s final medical expenses
- Compensation for the decedent’s final pain and suffering
- Funeral and burial expenses
- Interest on damages awarded
The actual amount damages recoverable under a New York wrongful death claim will depend on a variety of factors. To find out how much your family may be able to recover for the death of your loved one, contact us.
How Ratsenberg & Associates, P.C. Can Help Your Family
The wrongful death attorneys at Ratsenberg & Associates, P.C. are aware that a lawsuit is the last thing on your mind when you are dealing with the death of a loved one. Even so, our compassionate and caring wrongful death attorneys can handle the legal aspects of your loved one's death as you deal with the emotional needs of your family while being assured that we are doing whatever we are lawfully able to do to recover the compensation that your family deserves.
We handle wrongful death cases for clients who have lost loved ones as a result of:
- Motor vehicle accidents
- Construction accidents
- Defective products
- Personal injury accidents