When a family loses a loved one to wrongful death in New York, they face an overwhelming emotional and financial burden. The sudden and tragic loss can cause immense grief, leaving family members grappling with profound sorrow and a sense of emptiness. Alongside the emotional pain, the family often contends with practical challenges such as funeral expenses, loss of income, and the potential disruption of daily life.
The absence of the deceased can create significant gaps in support and stability, exacerbating the financial strain and emotional trauma. In this situation, you need a proven and capable New York wrongful death lawyer on your side who can take on powerful insurance companies and fight for the largest financial compensation for the irreparable loss of your loved one.
Types of Compensation a New York Wrongful Death Attorney Can Recover for You
Seasoned New York wrongful death lawyers can pursue several types of compensation to help families who have lost a loved one due to negligence or wrongful actions.
- Economic Damages: In New York, this encompasses the financial losses resulting from the death, such as funeral and burial costs, medical expenses incurred before death, and loss of the deceased’s future income and earnings. These damages aim to address the immediate and long-term financial impact of the loss on the surviving family.
- Loss of Consortium: New York wrongful death law allows for compensation for the loss of companionship, affection, and support that the deceased would have provided to their spouse or family members. This form of compensation acknowledges the emotional and relational impact of the deceased’s absence.
- Loss of Parental Guidance: For children who have lost a parent, New York law permits the recovery of damages through a wrongful death suit for the loss of parental guidance, nurturing, and support that the deceased would have offered. This reflects the value of the parent’s role in the child’s upbringing and development.
- Pain and Suffering: Although New York law primarily focuses on economic damages and loss of consortium, there may be cases where the emotional pain and suffering experienced by a surviving family member can be considered, particularly if it is directly linked to the economic damages.
- Loss of Services: Compensation can be sought for the value of the services the deceased would have provided to their family, including household tasks and caregiving responsibilities. This is intended to compensate for the practical contributions of the deceased to the family’s daily life.
- Punitive Damages: While rare in wrongful death lawsuits, New York law does allow for punitive damages in cases where the defendant’s conduct was particularly reckless or egregious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
Eligible Claimants Whom a Wrongful Death Attorney in New York Can Represent
The distribution of wrongful death damages in New York is governed by New York Estates, Powers & Trusts Law (EPTL) § 5-4.4. This statute outlines the rules for who can bring a wrongful death action and how the damages should be distributed among the eligible claimants. It provides guidelines for how the compensation is to be allocated among the surviving family members based on their relationships and dependency on the deceased. Based on these laws, your NYC wrongful death attorneys can recover damages for the following eligible claimants:
- Surviving Spouse: The surviving spouse is typically entitled to a significant portion of the compensation. This can include compensation for loss of companionship, support, and financial contribution. The exact share can vary based on the specific circumstances of the case and any applicable agreements or court determinations.
- Children of the Deceased: The deceased’s children are entitled to a portion of the compensation based on their needs and the loss they have experienced. Their share includes compensation for loss of parental guidance and financial support. If there are multiple children, the compensation is usually divided among them according to their needs and the court’s discretion.
- Parents: If the deceased had no surviving spouse or children, the parents are entitled to the compensation. The share is determined based on their financial dependency on the deceased and the nature of their loss.
- Siblings: Siblings may receive compensation if there are no surviving spouse, children, or parents. Their share is also subject to the court’s determination and typically considers the nature of their relationship with the deceased.
- Estate Representatives: The estate representative (also known as a personal representative) does not receive compensation personally but is responsible for managing the claim and distributing the proceeds according to the court’s order and the applicable laws.
- Dependents: In some cases, individuals who were financially dependent on the deceased, such as a partner or other relatives, may be eligible for compensation. Their claims would be considered based on their dependency and relationship to the deceased.
Steps a New York City Wrongful Death Lawyer Will Take to Help You Recover Maximum Damages
Initial Case Evaluation and Consultation
- Understanding Your Situation: The lawyer will meet with you to understand the details of the wrongful death, including how the incident occurred, the relationship to the deceased, and the impact on the surviving family members.
- Assessing Legal Grounds: They’ll evaluate the strength of your case, including the evidence and the potential for proving liability. This step involves discussing possible legal strategies and explaining the claims process.
Investigation and Evidence Collection
- Gathering Evidence: The lawyer will collect crucial evidence to build a strong case. This includes police reports, medical records, accident scene photos, witness statements, and expert opinions.
- Securing Documentation: They’ll obtain the necessary documents such as the deceased’s medical records, employment records, and financial information to support your claim for damages.
Establishing Liability
- Determining Fault: The lawyer will work to identify and establish who is legally responsible for the wrongful death. This may involve reviewing evidence, consulting experts, and analyzing the circumstances surrounding the incident.
- Proving Negligence: They will demonstrate that the responsible party acted negligently or recklessly, leading to the wrongful death. This involves applying New York’s wrongful death statutes and legal precedents.
Calculating Damages
- Assessing Financial Losses: The lawyer will calculate economic damages, including funeral expenses, medical bills, and loss of financial support. They will also consider non-economic damages like loss of companionship, emotional distress, and pain and suffering.
- Evaluating Future Impact: They will assess the long-term financial impact on the family, including future lost income and support, to ensure a comprehensive damage calculation.
Filing a Wrongful Death Lawsuit
- Preparing Legal Documents: The lawyer will draft and file the wrongful death complaint in the appropriate New York court. This includes detailing the allegations, damages sought, and legal basis for the claim.
- Adhering to Deadlines: They will ensure that all legal filings and procedural requirements are met within the statute of limitations and other time constraints.
Negotiating with Insurers and Defendants
- Engaging in Settlement Talks: The lawyer will negotiate with insurance companies and the defendants to seek a fair settlement. They will use the evidence collected and their legal expertise to advocate for maximum compensation.
- Handling Settlement Offers: They will review and advise on any settlement offers, ensuring they adequately compensate for all damages and losses.
Preparing for Trial
- Trial Preparation: If a settlement can’t be reached, the lawyer will prepare for trial by organizing evidence, preparing witnesses, and developing a compelling case strategy.
- Expert Testimony: They may engage accident reconstructionists, medical experts, and other specialists to support the case and establish the extent of damages and liability.
Representing You in Court
- Presenting the Case: The lawyer will represent you in court, presenting evidence, questioning witnesses, and arguing your case to the judge and jury.
- Advocating for Fair Compensation: They will strive to achieve the maximum compensation possible by effectively conveying the impact of the wrongful death and advocating for your rights.
Post-Trial and Settlement Execution
- Handling Post-Trial Matters: If a verdict is reached or a settlement is obtained, the lawyer will handle post-trial motions, appeals, and ensure that the awarded damages are properly collected and distributed.
- Providing Ongoing Support: They will offer continued support and advice throughout the legal process, addressing any additional issues that may arise.
Get a Top-Rated NYC Wrongful Death Attorney on Your Side
If you have lost a loved one due to wrongful death, you need a dedicated advocate who will fight for your rights and get you justice and compensation. Bruce Glickman, Esq., the esteemed partner at Levine & Blit, brings over 36 years of experience in complex civil litigation, including wrongful death cases.
Having litigated numerous high-profile cases in the Courts of New York and having served as Supervising Attorney in multi-jurisdictional cases involving different states, Bruce is well-equipped to handle the complexities of wrongful death claims. His proven track record of securing multi-million-dollar settlements demonstrates his capability to achieve the best possible outcomes for his clients.
At Levine & Blit, we understand that each wrongful death case is unique and requires personalized attention. Bruce Glickman and our team are dedicated to providing the personal service and respect you deserve during this challenging time. Attorney Glickman is available 24/7 to assist you and can be reached directly at 516-987-8790. Our firm also speaks Spanish. Contact us today for a free case evaluation and take the first step toward moving forward with your life.