A Wrongful Death claim is typically brought by the relatives of a deceased person, or by the Administrator or Executor of a deceased person's estate. In New York, a wrongful death action can be brought for any reason, if it can be demonstrated that another person or company/agency's negligent conduct caused or contributed to the death of the deceased person. There is no typical wrongful death claim. Death frequently occurs as the result of car, motorcycle and bus accidents; construction site accidents; drunk driving; dangerous and defective products; medical malpractice; toxic exposure; and, a host of other accidents.
In New York, damages are limited to conscious pain and suffering and pecuniary loss. Conscious pain and suffering refers to the suffering one undergoes prior to their death following an accident. Accidents which result in "death upon impact" do not result in an award for conscious pain and suffering since death was instantaneous.
Pecuniary loss is a dollar for dollar reimbursement of the economic loss suffered by the decedent's death. Financial losses incurred such as medical care and hospital expenses pre-death, funeral costs, and expected future and lifetime earnings are compensable.
If someone you know died as the result of someone else's negligence, call the Law Offices of Heidi A. Gifford today at (518) 725-0655.