Have you lost a loved one due to someone else’s negligence? Check out these 4 things to learn about your wrongful death claim, then call us.
Wrongful Death Cases
Clients are often surprised when they ask us about wrongful death cases in New York State because the wrongful death statute in New York State is so limited.
New York is one of the few states left that will only allow actual economic damages to be considered when a wrongful death case is brought. In other words, the anguish, the pain and suffering of the family, children, and survivors is not taken into account.
One of the most common questions we get asked is what a case is worth, especially when it involves a lost loved one who’s been involved in a wrongful death case. The damages in these cases are a calculation of any losses that the heirs are going to be suffering due to the death of their loved one. These damages can include future lost wages and benefits. There are many other things that can function as economic support or economic losses, too, although those are often the major component.
Will My Case Go to Trial?
My clients often ask if they’ll have to go to court in New York State if they bring a wrongful death action on behalf of their loved one. Most often they won’t have to, unless the matter goes to trial or a hearing. Typically, these cases do not go to trial. The economic losses are straightforward math calculations and, as such, are a bit different than trying a pain and suffering case, which requires testimony as to that pain and suffering. In wrongful death cases, damages are determined more by accountants and economists.
What Role Do You Have in a Claim?
Sometimes we’re asked by clients who are hiring us for wrongful death of a loved one what role they will be playing in this case. There are several things that loved ones can do to help us to move the case forward. Collecting any economic documents at home – tax returns, policy of insurance, benefit statements, retirement statements— is one. These critical documents will help us prove what the decedent was earning and contributing to the family, and then calculate what kind of economic loss the family will suffer in the future.
Have you lost a loved one or family member due to someone else’s negligence and have questions about what you need to know? Check out these 4 things to learn about your wrongful death claim here.
Contact our office today to schedule a free consultation with our experienced Buffalo wrongful death attorneys.
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