Losing a loved one is a devastating experience. However, when that loss was preventable and the result of another party’s negligence, the anguish can be even greater. If your family has suffered the loss of a loved one due to someone else’s carelessness, it’s in your best interest to enlist the help of an experienced New York City Wrongful Death Lawyer. At The Bàez Legal Group, we are prepared to help fight for the justice your family deserves. Please continue reading to understand the types of damages that may be available in a New York wrongful death case.
Who is Eligible to File a Wrongful Death Claim in New York?
First and foremost, it’s crucial to understand that, unlike many other states that allow multiple affected parties to file a wrongful death claim after the loss of a loved one, New York law is highly specific. Generally, only the personal representative of the deceased’s estate is allowed to file such a claim.
Although the personal representative of the decedent’s estate is the only party eligible to file the claim, the compensation is strictly limited to the surviving spouse, children, and parents (if there is no surviving spouse or children). A wrongful death claim must be filed within two years of the death of death. Failure to do so will result in the absolute bar of recovery.
What Types of Damages Are Available?
While no financial compensation can bring your loved one back, it can offset the financial and emotional burdens your family has faced as a result of the death. In a wrongful death claim, you can usually seek compensation for economic damages. This includes:
- Any costs related to the final injury or illness
- Lost wages and future earnings
- Loss of financial support
- Loss of benefits (e.g., health insurance, retirement contributions)
- Loss of inheritance
- Value of household services provided by the decedent
- Funeral and burial expenses
- Loss of parental guidance for minor children
- Conscious pain and suffering experienced by the decedent before death
Are Non-Economic Damages Available?
When it comes to emotional damages, New York law is much more restrictive. Family members typically are not eligible for compensation for grief or emotional distress. Instead, the court focuses on the financial impact of the loss.
It should be noted that there isn’t a cap on the amount of damages that can be recovered in a wrongful death claim. However, don’t expect to receive compensation for your personal loss of companionship.
If you’ve recently lost a loved one due to the negligence of another party, please don’t hesitate to contact our The Bàez Legal Group today to schedule a consultation. Our legal team is ready to calculate the full value of your claim and fight for the justice your family deserves.
