During wrongful death lawsuits in New York, courts and juries are given the unpleasant task of assigning a monetary value to a human life. Because the amount of damages awarded in wrongful death cases is based on financial loss, the wrongful death of an elderly person or child may make it difficult to arrive at a proper verdict or settlement amount.
If you suffered the unfortunate loss of a child or elderly relative, our New York wrongful death attorneys can help explain your legal options and how to best protect your right to compensation. To contact our wrongful death lawyers in New York today, complete our FREE case review form on this page.
When an adult dies as a result of another's negligence, the financial loss suffered by the remaining family members is easily quantifiable. For instance, when a mother or father dies, their child may seek damages for the loss of the parent's income and guidance. When a child dies, however, the parent's recovery is limited to their monetary loss, which is typically small.
When presented with a wrongful death case involving a child, the court will determine the pecuniary loss based on the following factors:
- The child's age, life expectancy, habits and work expectancy
- The earning potential of the child
- The relationship of the child to the claimants
- The age and health of the claimants
Just as the death of a child may not produce a large monetary award, the death of an elderly person also has its limits in terms of financial recovery. For instance, the courts will often assume that an individual past the retirement age does not have a significant earning capacity. Furthermore, the justice system generally believes that the children of elderly persons are adults and no longer need significant guidance or support from their parents.
Seeking the advice of a New York wrongful death lawyer can help you determine whether you can bring a claim stemming from the death of an elderly relative or child and recover financial damages. To speak with a wrongful death attorney in New York today, click the link below to complete our no-obligation case evaluation form.