The passing of a loved one can leave families in a state of grief and worry, as they are suddenly overwhelmed with medical bills, funeral and burial costs, and the loss of the decedent’s financial support. If your loved one was the victim of a wrongful death, you may be able to receive compensation for these costs by filing a lawsuit.

• A New York wrongful death claim can provide compensation for financial losses resulting from the loss of a loved one. These damages include loss of support, voluntary assistance, and possible inheritance, as well as medical costs related to death and funeral expenses.
• The losses must be financial. In addition to lost wages and actual expenses, losses may include loss of support and services such as cooking, housekeeping, child care, and transportation, as calculated by the cost of hiring people to provide these services. The value of these lost services must be proven.
• Wrongful death actions do not cover loss of consortium claims after the victim’s death, but they may cover the period between injury and death. They also do not cover non economic damages for the pain and suffering of surviving family members, or for the lost companionship, comfort, or assistance the victim would have provided were they still alive. However, compensation may be awarded for the pain and suffering the deceased endured between the time of their fatal accident and their death.
• If the victim leaves behind minor children, available damages include loss of parental support, including the nurture and training that only a parent can provide.
• When determining what is fair financial compensation for the family of the decedent, several factors may be considered, including the decedent’s age, health and life expectancy at the time of injury, their work habits and current position, and their future earning capacity and potential for career advancement.

In cases where a defendant’s actions were deemed willfully reckless or criminal, punitive damages can be recovered at the discretion of the judge or jury. This type of damage award is meant to punish the defendant and possibly deter similar conduct in the future.

Our experienced wrongful death attorneys will meticulously document evidence to support each and every claim for loss of earnings/support/service that the death of a loved one caused your or a family member. We will then attempt to reach a fair settlement with the insurance company, and will be fully prepared to take the case to trial if necessary.

The trial skills of our lawyers sets us apart from other law firms. Insurance companies know that when we file a wrongful death claim, we aren’t looking for a quick settlement. We’re prepared to go all the way, and we play to win. We aren’t fully satisfied unless you are.