Pain and Suffering

Wrongful Death Damages

In a wrongful death lawsuit in New York, the surviving family members can recover compensation for the deceased’s conscious pain and suffering. To assign a value to the decedent’s pain and suffering, the court will typically examine the same factors used to determine pain and suffering damages in a personal injury lawsuit. There are no limitations or maximum amounts for pain and suffering damages in a New York wrongful death lawsuit.

In wrongful death lawsuits, New York is among the limited number of states that do not allow surviving family members to recover compensation for their mental anguish. In New York wrongful death lawsuits, pain and suffering damages can only be recovered on behalf of the decedent, not his or her survivors.

If you lost a loved one in New York, you may be entitled to a variety of damages, including pain and suffering. Although no amount of money can replace a loved one, filing a wrongful death lawsuit in New York can help you achieve peace of mind and provide you with financial support during this challenging time. To speak to a wrongful death attorney in New York, simply complete our free case review form on the right.