Wrongful Death FAQs

What types of damages can I recover in a wrongful death lawsuit?

Surviving family members may be able to recover a variety of wrongful death damages including funeral costs, medical expenses, and the loss of benefits, such as financial support. Children may also be able to recover for the loss of a parent's instruction, guidance and nurture. In New York, surviving relatives may also be able to recover monetary damages on behalf of the deceased. The deceased's awareness of their impending death and loss of enjoyment of life experienced before death are among the wrongful death damages available to be recovered on behalf of the decedent.

Can I recover pain and suffering damages in a New York wrongful death case?

New York wrongful death law allows damages for the decedent's conscious pain and suffering. Damages for the pain and suffering and mental anguish of survivors are not available in New York.

How are wrongful death damage amounts determined?

Several factors, including age, life expectancy, education and earnings, are considered when determining the amount of a wrongful death award. While it is unpleasant to assign a financial value to a person's life, it allows the court an opportunity to assess the financial and personal impact of the wrongful death on survivors.

Are punitive damages available for recovery in New York wrongful death lawsuits?

In New York wrongful death cases, punitive damages are rare and depend on the specifics of the particular case. In general, punitive damages are only awarded when the defendant's conduct is found to be particularly malicious or willful.

How much is my New York wrongful death case worth?

Only a skilled New York wrongful death lawyer can determine whether you are eligible for damages, and if so, the amount of compensation to which you are entitled. To speak with a New York wrongful death attorney about your case and potential for financial recovery, complete our FREE case review form on this page.

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