Enduring the death of a close loved one is painful enough, but that suffering can compound when the deceased was the victim of an avoidable accident likely caused by the negligence of others.
Surviving family members should know that they do not have to shoulder the burden of their loved one’s tragic passing alone. They can seek compensation for the damages caused by the regrettable event, including medical costs, funeral costs, lost income, the equivalent value for lost domestic services the deceased provided like childcare, pain and suffering of the deceased, and more.
If you are a surviving family member of someone who tragically lost their life because of apparent negligence and want to pursue a wrongful death claim in New York, do not hesitate to take action. You can work with a Long Island personal injury lawyer experienced in handling wrongful death claims to begin filing your claim.
Start the process of filing your claim and getting the compensation you deserve by calling Carner & DeVita now at 631-543-7070, or contact us online. You’ll receive a free, no-obligation consultation that will help you know the first steps to take.
What Types of Damages Are Eligible in a Wrongful Death Claim in New York State?
The state of New York specifies that certain damages may be eligible for recovery under a wrongful death claim. These damages include:
- Medical and healthcare costs directly related to the deceased’s injury or illness that led to their passing
- Funeral and burial expenses
- Wages, benefits, and other income lost by the deceased between the date of their final injury/illness and the date of their death
- Loss of inheritance or other supportive earnings that would have been given to surviving children and family members
- Compensation for the lost support and home care services the deceased will no longer be able to provide
- Compensation for the loss of the ability of the deceased to provide childcare, nurturing, and guidance to their children
- Compensation for the pain and suffering of the deceased
- 9% interest on the total damages awarded, calculated beginning on the date of death
To claim these damages, an individual must be designated as the “personal representative” of the deceased’s estate. All damages awarded to this individual will be held in trust by the deceased’s representative for fair disbursement to all affected parties. A surviving family member or individual designated in the deceased’s will most often serve as the “personal representative” of the estate.
Even if you don’t know who the “personal representative” of the estate is, you can work with a knowledgeable Long Island wrongful death lawyer to help you determine your next steps. They can examine legal documentation to see if a personal representative of the deceased’s estate had been designated or if a trusted individual — usually a family member — would qualify.
How to Know If Your Loved One’s Circumstances Potentially Qualify for a Wrongful Death Claim
In New York, a wrongful death lawsuit requires a number of minimal showings:
- There must have been a death
- The death must have been caused directly by the wrongful actions of the defendant
- Had the deceased survived, the wrongful actions of the defendant would have given them a legal cause of action to sue or make a personal injury claim
- There must be survivors who suffered a direct loss as a result of the death
- The loss must include damages the deceased’s estate is capable of recovering
While all of these elements are vital for a wrongful death case on Long Island to succeed, the “wrongful actions” component is especially critical. A “wrongful action” includes actions a reasonable person would know were capable of causing harm. These include illegal actions as well as acts of negligence.
What sort of negligent acts would qualify as a “wrongful action”? Here are a few possibilities:
- Making dangerous driving decisions, such as DWI, which caused a deadly car accident
- Failing to maintain a safe premises, leading to an accident injury or exposure to harmful substances that caused a fatal illness
- Illegal acts, such as aggravated assault with a deadly weapon
Consistent with the assertion that a wrongful death claim should mirror the cause of action the deceased would have taken had they survived, you will find that most of the “wrongful actions” asserted during wrongful death cases involve scenarios similar to personal injury cases in New York.
Talk to a Long Island Wrongful Death Lawyer at Carner & DeVita Today
A wrongful death attorney can help you document the numerous findings needed to build your claim. Together, you can determine the cause of action the deceased might have taken to assert their rights to recover their own damages. Your wrongful death lawyer will assist with the strategy aspects of your case as well as the work involved with assembling the needed evidence.
On top of these services, a representative attorney can help smooth over the process of filing a claim while making sure that all of your legal obligations are met. Wrongful death cases are complex, requiring the filing of numerous documents as well as vital court appearances. Missing a single deadline or failing to meet any of your obligations could easily derail your entire case.
Don’t let your right to assert a wrongful death claim fall by the wayside. You can start working with an attorney team that has 50 years of experience handling such cases when you reach out to Carner & DeVita now.
Call us at 631-543-7070 or contact us online now to receive a free, no obligation consultation regarding your possible wrongful death case.