If someone is injured as a result of negligence and dies as a result of those injuries, the Administrator or Executor of the Estate may brin a claim for wrongful death. Such a lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses.
The claim is brought on behalf of those family members who would be entitled to inherit from the Estate. New York law allows a recovery for the economic loss that is incurred as a result of the death as well as a recovery for the conscious pain and suffering experienced by the deceased.
A wrongful death claim exists when a person dies due to the legal fault of another person. The right to file a lawsuit for wrongful death is a relatively new concept. “common law” (the laws brought to the United States from England) did not allow this kind of lawsuit. But during the last century, state and federal courts created the right to bring a wrongful death action. Every state now has some kind of wrongful death law.
When determining the amount of damages to award to the Estate, a jury may consider the character, habits and ability of the deceased, the services the deceased
would have performed, the portion of the deceased’s earnings that would have been spent to care for and support the family, and the intellectual, moral and physical
training, guidance and assistance that the deceased would have given any children. If a loved has been killed as a result of an accident, call Zimmer & Associates now at 1-866-270-HURT (4878), or fill out our simple case evaluation form and we will contact you within 24 hours. We have the experience to assist you through this difficult time.
A wrongful death case may arise in a number of different contexts, including car accidents, construction site accidents, swimming pool accidents, medical malpractice, even slip and fall accidents and fires in the home.
The goal of a wrongful death case and our wrongful death attorneys is to get compensation to the survivors and beneficiaries for their loss. The following types of damages are considered in a wrongful death case:
- Sorrow, mental anguish, which includes loss of companionship, comfort and guidance;
- The expected loss in income of the person who died;
- The expected loss of services, protection, care, and/or assistance which the person who died provided to the survivors/beneficiaries;
- Expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting in death.
In some cases, certain persons or agencies may be immune from a wrongful death lawsuit. That means they cannot be sued for wrongful death. Who might be entitled to
immunity varies from one state to another. In some cases, government agencies and employees might be immune from a wrongful death lawsuit, or even family members in certain circumstances.
In times of grief, it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of the death, preservation of evidence and identification of responsible parties.