Damages In Wrongful Death Cases

If your loved one died because of another person’s behavior, you might have a valid wrongful death case. If so, you might be entitled to financial compensation known as damages. While you can seek damages on your own, you may find a lawyer’s guidance helpful when trying to recover damages in wrongful death cases.

Losing a loved one is always tragic, and it can also be expensive. If you recently lost a loved one, you may face burdensome medical bills, funeral costs, and more. Dealing with the bills and paperwork can feel overwhelming when you are also grieving the loss of your loved one.

What is a wrongful death case?

A wrongful death case involves a person who died because of someone else’s negligence or intent to harm. Here is some more information on these terms:

Negligence

Negligent behavior refers to any behavior that breaches a duty of care. Duty of care is the expectation that people will act like other reasonable people would in the same situation and in a way that keeps others safe. What constitutes a duty of care changes based on the situation.

For example:

• On the road, a duty of care means that people should drive in a way to not harm other drivers, passengers, or pedestrians.
• In a medical setting, a duty of care means that doctors and other healthcare professionals should provide the same, safe medical treatment that other providers would in the same situation.

Intent to harm

Intent to harm differs from negligence because of the motivation behind the action. In this situation, people act not just carelessly but to injure another person.

Your lawyer can evaluate your case for evidence of negligence or intent to harm.

Types of wrongful death

There are several potential causes of wrongful death. Here are a few examples:

• Car accidents
• Truck accidents
• Bicycle accidents
• Construction accidents
• Medical malpractice
• Nursing negligence

A wrongful death lawyer with our firm can evaluate your case to determine if you have a valid case for wrongful death.

Who can file a wrongful death lawsuit in New York?

In New York, certain relatives by blood and marriage can file a wrongful death lawsuit. These relatives include the spouse, children, and parents of the deceased. These persons are called distributees of the estate.  New York requires a personal representative of the estate to file a lawsuit for wrongful death.

Recoverable damages in a wrongful death case

EPT §5-4.3 describes the types of recoverable damages in wrongful death cases. Some damages compensate you for expenses incurred before the death, and some compensate you for future losses.

Here are some of the recoverable damages in a wrongful death case:

• Medical expenses: You may be entitled to compensation for your loved one’s doctor’s appointments, surgeries, emergency treatment, and more.
• Funeral and burial expenses: You may be entitled to compensation for the cremation, embalming, burial plot, funeral home fees, death certificate, and more.
• Lost earnings: You may be entitled to compensation for the earnings and financial support your loved one would have provided had he or she survived.
• Loss of services: You may be entitled to compensation for the support and services your loved one would have provided.
• Value of parenting: If the deceased was a parent, you may be entitled to compensation for the children’s guidance and parental care loss.
• Pain and suffering: If the deceased suffered before his death, you may be entitled to compensation for his pain and suffering, but not the pain and suffering of his surviving relatives.