1) Types of Cases
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.
2) Choosing an Attorney
At our firm, we always tell potential clients that you should interview your attorney – ask them what their experience is in this area. You need an attorney who has handled these cases before. Ask about their track record— they should be able to give you a good idea as to their competency and their comfort level with this specific area of law.
3) Case Value
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.
4) Recovering Non-Economic Damages
In New York State, the only way to get damages, apart from economic losses, for wrongful death, is when there was a pain and suffering component that occurred before the wrongful death. If someone is killed instantly, under the current law, we are quite limited as to what we can recover for the family and loved ones. If there were any conscious pain and suffering that occurred before the death, however, we would have a cause of action. We could argue for a pain and suffering cause of action, which would be the traditional case that you would expect for an injury in New York State, then the wrongful death component as a separate and distinct cause of action that only recovers the actual economic losses of the those who survived the decedent.
Have you lost a loved one or family member due to someone else’s negligence and have questions about our wrongful death expectations?
Contact our office today to schedule a free consultation with our experienced Buffalo wrongful death attorneys.
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