What Damages Can You Recover in a New York Wrongful Death Case?
In New York, when a loss occurs due to another party’s negligence, the surviving family members can pursue a wrongful death claim. While such a claim cannot bring back your loved one, it can enable you and your family to recover the financial support and stability you’ve lost, especially if your deceased loved one was the provider. A wrongful death claim can also provide a sense of justice.
If you’ve recently lost a loved one due to another person’s negligence, it is vital to understand the types of damages you can recover.
Who Can File a Wrongful Death Claim in New York?
According to New York Estates, Powers and Trust Law (EPTL) section 5-4.1, only the personal representative of the decedent’s estate can file a wrongful death claim. This means, that as a spouse, child, or parent of a deceased person, you cannot directly file a wrongful death claim unless you have been designated as the estate’s personal representative.
However, while the personal representative is the one who files the claim, the damages they recover go to the surviving family members who experienced financial losses due to the death.
Recoverable Damages in a New York Wrongful Death Claim
New York law focuses on economic losses rather than the emotional pain and suffering experienced by surviving family members. Below are some of the specific types of damages you can recover in a New York wrongful death claim;
- Medical Expenses
If your loved one did not pass away immediately after the accident, your family can recover any medical expenses incurred as a result of the injury leading to the death. This includes hospital stays, surgeries, and other treatments your loved one underwent before passing.
- Funeral and Burial Expenses
In New York, the reasonable cost of a funeral and burial is included in a wrongful death claim. These expenses, which can include transportation and cemetery or cremation costs, can be an expensive burden to bear in an already difficult time.
- Lost Income and Benefits
A considerable portion of a wrongful death settlement usually covers the loss of the deceased’s income and financial support. In New York, courts calculate lost income and benefits in wrongful death cases by considering several factors, including;
- The decedent’s work and personal history, such as age and health, and expected retirement age
- The decedent’s future earning potential
- Lost benefits, such as health insurance and retirement benefits
- Lost services, such as the value of household services the decedent provided
Often, expert testimony is necessary to make this determination.
- Loss of Parental Guidance and Support
In New York, a child who loses a parent can recover compensation for the loss of parental care and nurture they would have received if their parent had lived. This loss is compensable under New York law to reflect the value of the guidance and support children miss out on when they lose a parent.
- Conscious Pain and Suffering of the Deceased
In New York, surviving family members cannot recover compensation for their own pain and suffering. New York only allows the estate to recover damages for the pain and suffering the deceased went through before passing away. However, this claim has to be made as part of a survival action, which is different from a wrongful death claim.
Contact Us for Legal Help
If you have a wrongful death case, contact our skilled Long Island wrongful death lawyers at Jacobson Law for help pursuing the compensation you and your family deserve.
Source:
nysenate.gov/legislation/laws/EPT/5-4.1