Wrongful death lawsuits are very emotional. You and your family need support during this stressful time. At Andrews, Bernstein, Maranto & Nicotra, PLLC, our clients are part of our family. We want to be there with you every step of the way, providing emotional support and legal guidance as we help you obtain the compensation you deserve after a family member or loved one has been tragically taken away.
For important information on New York wrongful death lawsuits, continue reading this article.
Wrongful Death Lawsuits | 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 – 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.
Wrongful Death Lawsuits | 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.
Call Our Office Today. We Are Here to Help.
Have you lost a loved one or family member due to someone else’s negligence and have questions about filing a wrongful death lawsuit in New York? Contact our office today to schedule a free consultation with our experienced Buffalo wrongful death attorneys. We will help you recover the compensation you deserve.