Wrongful Death
NEW YORK CITY WRONGFUL DEATH ATTORNEYS
A wrongful death cause of action is intended to compensate those people who depended on the decedent for financial support, care and value of the moral, intellectual and physical training that can no longer be provided because of the death. So, typically the surviving spouse and the children would be the beneficiaries of such an action, but it could extend to others that relied on the financial support of the decedent.
This cause of action is usually brought in conjunction with medical malpractice actions or other personal injury actions where the person injured died as a result of the negligence of the defendant(s). The personal injury or medical malpractice action compensates the estate of the decedent for conscious pain and suffering, lost wages, etc., and the wrongful death action compensates those that were dependent on the decedent for financial support and/or moral, intellectual and physical training, etc.
In the medical malpractice context, a wrongful death action is brought in addition to the medical malpractice action when a patient dies as a result of medical malpractice or negligence. Wrongful death lawsuits are filed to compensate those that were dependent on the deceased for lost financial benefit from the deceased and loss of companionship among other things. The medical malpractice component of the suit compensates the victim (or his or her estate in the case of death) for pain and suffering and lost income, among other things.
Any action involving a plaintiff that has died, must be brought in the name of the decedent’s estate by either the Executor (if there is a will) or the court appointed administrator (if there is no will).
Retaining an attorney with a team experienced in handling this type of case from commencement to verdict is a vital step to give the personal injury / medical malpractice victim, or in the case of a death, his or her estate and survivors, the best opportunity to recovery a financial settlement or obtain a verdict. If you or a loved one have fallen victim to medical malpractice or personal injury resulting in death, choosing the right attorney may be the most critical decision you make.
WHAT TYPES OF DAMAGES CAN I RECOVER IN A WRONGFUL DEATH CASE?
The New York wrongful death lawyers at the Law Offices of Brian P. Wright, P.C. | A Professional Law Corporation handle all manner of wrongful death claims. The lawyers at the firm discuss, below, the types of damages generally recoverable in wrongful death claims and cases.
Under New York’s wrongful death statute – EPTL Section 5-4.3 – there are two categories of damages in death cases:
- Special damages – such as funeral, medical and nursing expenses
- General damages – the pecuniary (i.e., monetary) loss to the decedent’s survivors
Generally, if the jury has decided at the end of a trial that the plaintiff has proved his or her case as against the defendant(s) for wrongful death, the jury will next be tasked to determine the amount of money that will serve to reasonably compensate the estate for special damages and the General damages. Separately they will consider loss to the decedent’s survivors for the death. This monetary compensation is referred to as “damages.”
These damages comprise two categories, called “Economic Damages” and “Non-Economic Damages.”
1.) Economic damages include, but are not limited to:
- Financial support that the decedent would have contributed to the family unit either during the life expectancy of the decedent
- The loss of benefits or gifts that the plaintiff could have expected to receive from the decedent
- Funeral and burial expenses
- What is commonly referred to as the “reasonable value of household services” that the decedent would have provided the family.
- Moreover, the award of any future economic damages are typically reduced to present cash value.
2.) Non- Economic damages include, but are not limited to:
- Loss of the decedent
- Family member’s love
- Companionship
- Comfort, care, protection, affection society, moral support training, and guidance.
RECOVERING DAMAGES FOR THE WRONGFUL DEATH OF A CHILD
The loss of a child is always a tragedy. When these deaths are due to dangerous products that parents believed were safe for their infant, baby, or child, then legal action is called for. While no amount of money can replace the loss of a child, the tragic nature of these cases absolutely demands accountability from the responsible manufacturers.
At the Law Offices of Brian P. Wright & Associates | A Professional Law Corporation, our legal team understands the seriousness of these claims and the need for our clients to have justice. We have dedicated our firm to helping those who have been needlessly injured by others—especially by product manufacturers who have introduced defective products into the marketplace, and have put their bottom line before the safety of their consumers.
Products commonly associated with child death cases include:
- Drop-side cribs
- Walkers
- Sleep positioners
- Baby co-sleepers
- Crib tents
- Crib bumpers
- Poisonings from medications, cleaning supplies, etc.
Many of these crib products even claim to help prevent Sudden Infant Death Syndrome (SIDS), but the fact of the matter is that the FDA has never approved any baby product to reduce the risk of SIDS. While no specific product has been linked to causing SIDS, blankets, pillows, or other designer sleep accessories have been found to only increase the risk of strangulation, suffocation, and other injuries.
There are no damages allowed in New York wrongful death cases for the parents’ grief or emotional loss (except in the relatively rare event that the parents were at the scene and were either physically injured in the same accident or were within the “zone of danger”).
Here is a short excerpt what the judges read to the juries, right from New York’s Pattern Jury Instructions, before submitting these types of claims for their consideration:
- You may not consider or make any award for sorrow, mental anguish, injury to feelings or loss of companionship.
- You must determine the economic value of the decedent to his distributees (his heirs)
CONTACT A WRONGFUL DEATH LAWYER
If you are considering legal action for a wrongful death action, it is important to contact an experienced personal injury lawyer as soon as possible. The wrongful death attorneys at the Law Offices of Brian P. Wright & Associates, P.C. have a history of successful results for representing victims of wrongful death.
NO FEE UNLESS WE WIN YOUR CASE
We give all our wrongful death clients a promise that if we do not recover monetary damages in your case, we will not charge you an attorney fee. If we take your case, we only get paid if we win your case. If your family member or relative has been a victim of a wrongful death, contact us for a free initial consultation.
There is no fee unless we are successful. Call 347-886-9472 or fill out our contact form for a FREE no obligation legal case evaluation. We serve all of New York, including Manhattan, Bronx, Queens, Brooklyn, Long Island, Rochester, Albany, and Buffalo.
