For the most part, compared to other states,New York’s Estate Powers and Trust Law is more narrow in the damages it allows for in wrongful death cases. An experienced wrongful death attorney in New York will understand the limitations of the law and the extent to which the family can sue for compensation.
What is “wrongful death”?
Wrongful death is defined as a death that is caused by the wrongful act or negligence of another and that serves as the basis for a civil action for damages on behalf of the decedent’s heirs. Examples of wrongful death can include car accidents, work-related accidents and medical malpractice, just to name a few.
What you’re entitled to
The untimely death of a loved one affects a family in many ways. Dealing with loss and family issues should be the priority. That being said, there are always financial issues that come into play. Even though you may have a life insurance policy, the party responsible should be held accountable. This includes providing full compensation to the victim’s family for
- Loss of financial support
- Medical expenses
- Funeral expenses
- Court fees
- Attorney fees
- Any other expenses related to the case
In cases of recklessness and/or depravity, punitive damages, which are meant to punish the defendant, are allowed. In other states, the interpretation is much broader and beneficiaries can sue for loss of affection, companionship and support.
Hiring an attorney
The process of a civil liability case associated with wrongful death is complicated not only by the statutes put forward by the state, but also because of the emotional factors involved. An attorney will help you navigate the law, keeping your family’s best interest at heart, and will work to achieve the desired outcome.