Losing a loved one is one of the most difficult times in a person’s life. When that death is caused by someone else’s actions or negligence, that emotional pain only increases. While no amount of money can ease the pain of losing your loved one, a Smithtown wrongful death lawyer can help you seek compensation so you can start recovering financially.
A successful wrongful death case can compensate you for funeral and burial costs, medical costs associated with the final injury or illness, lost income, pain and suffering, and more. If your loved one was killed due to someone else’s negligence or intentional actions, we can help you file a lawsuit.
The experienced Smithtown wrongful death lawyers at Carner & DeVita have been helping members of our local community find justice for their loved ones’ wrongful deaths for over 60 years. We know how difficult this time in your life can be, and we know what it takes to get you the compensation you deserve. Call us at 631-543-7070 or contact us online for a free, no-obligation consultation.
Do You Qualify to File a Wrongful Death Lawsuit in New York?
New York State has specific criteria regarding who can file a wrongful death lawsuit. The only party who can file a wrongful death lawsuit is the personal representative of the decedent’s (that is, the deceased person’s) estate. This representative may be named in the decedent’s will, but if not, a close relative will most likely serve as the representative. Any wrongful death settlement will be paid directly to the estate, not to any family members (unlike in other states). However, the money will be held in a trust and distributed to all parties who were affected by the decedent’s death. This may include a spouse, children, dependent parents and others who were monetarily affected by the death.
In addition, to successfully file a wrongful death lawsuit, you must show:
- There was a death
- The death was caused by someone else’s wrongful actions (intentional or negligent)
- If your loved one would have survived the incident, they would have legal cause to file a personal injury lawsuit
- There are survivors who suffered a loss directly related to the death
- This loss must include monetary damages that the estate is able to recover
Damages That Can Be Compensated in a Wrongful Death Case
According to state law, there are certain damages that can be recovered by a wrongful death lawsuit. These include:
- Medical and healthcare costs directly related to the decedent’s fatal injury or illness
- Burial and funeral expenses
- Lost income for the time between the decedent’s final injury/illness and their death
- Compensation for the lost support and home care services the decedent would have provided
- Loss of inheritance or other supportive earnings that would have been given to surviving dependents and other family members
- Compensation for the loss of the ability of the deceased to provide childcare, nurturing, and guidance to their children
- Compensation for the decedent’s pain and suffering
- 9% interest on the total damages awarded, calculated beginning on the date of death
Talk to a Smithtown Wrongful Death Lawyer Today
If your loved one was killed due to someone else’s actions or negligence, you may be entitled to compensation. Our experienced Smithtown wrongful death lawyers know what it takes to get the compensation you deserve. We also know that trying to deal with legal matters on top of everything else going on at this time isn’t easy. We’ll do everything we can to handle your case in-house so you can focus on everything else going on in your life. We’re always here to help you get the compensation you deserve. Give us a call at 631-543-7070 or contact us online today for a free, no-obligation consultation.