If you have lost a loved one in a car accident caused by someone else’s reckless driving, we would like to extend our deepest sympathies. There is a wide range of emotions you and your family must be feeling, and it is our job as Buffalo wrongful death attorneys to help you through this difficult time. Here are three questions about wrongful death cases in New York that will give you a better understanding of what options are available to you.
Three Questions About Wrongful Death Cases | Can We Recover Emotional Damages?
Unfortunately, the wrongful death statute in New York State is very 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 mental anguish, pain, and suffering of the family, children, and survivors is not taken into account. However, we can still exhaust all available resources to make sure your family is fully compensated.
Three Questions About Wrongful Death Cases | How Long Will a Case Take?
We’re often asked by clients how long wrongful death cases take to resolve. Every case is different. First, liability must be argued and determined, and then damages are a separate and distinct measure. It can be more complex if the decedent had income and assets to factor in; at that point, we would have an economist get involved. There are also several additional steps because, with a wrongful death matter, we often need to work with estate lawyers. Because the person who was initially harmed is no longer with us, we sometimes need a surrogate court’s approval for the final resolution, which can also factor into the timeline.
Three Questions About Wrongful Death Cases | What Is the Role of the Client?
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, such as tax returns, policy of insurance, benefit statements, and retirement statements. 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.
Contact an Experienced Buffalo Wrongful Death Attorney Today
We want to help you through this difficult time. Contact our office today to schedule a free consultation, go over the facts of your case and get to work right away.