New York City Wrongful Death Lawyer

Case Story: Wrongful Death with Police Car

On a rainy evening, a tragic accident occurred at a busy intersection when a delivery truck ran a red light and struck a pedestrian. The impact resulted in the victim’s death, leaving the family devastated and facing unexpected legal and financial challenges. Grieving families often face not only emotional pain but also complex legal and financial challenges during such difficult times. The family quickly sought legal counsel to understand their rights and the time limits for filing a wrongful death claim following the victim’s death. Hire a wrongful death lawyer in New York City from our firm if this happens to you.

How Can a New York City Wrongful Death Attorney Help?

A wrongful death attorney in New York City at Parker Waichman LLP can help you seek justice and compensation for the loss of a loved one due to the misconduct or negligence of another. Our skilled attorneys have extensive experience handling wrongful death cases. Our experienced New York City wrongful death lawyers can investigate the circumstances surrounding the death to uncover the truth, identify the responsible parties, and build a strong case by gathering evidence and conducting thorough investigations that will hold them financially responsible. We are dedicated to helping families pursue justice and compensation after a tragic loss.

A wrongful death attorney on our legal team can also provide personalized legal support tailored to each family’s unique needs, offering compassionate and dedicated assistance throughout the legal process. Our attorneys guide clients through every step of the claims process, ensuring your rights are protected and that you recover fair compensation for your damages.

Who Can File a Wrongful Death Lawsuit in New York?

Not everyone can file a wrongful death claim or wrongful death lawsuits after losing a loved one.

In New York, the following parties can file a wrongful death lawsuit:

• Surviving spouse (the primary eligible claimant)
• Child
• Parent
• Personal representative of the victim

A wrongful death action in New York must be initiated by an eligible party, such as the personal representative or surviving spouse. Filing a wrongful death lawsuit in New York involves the eligible party, often the surviving spouse or personal representative, initiating the legal process to seek compensation for damages resulting from the wrongful death.

Other Dependents

Individuals who were financially dependent on the deceased person may be entitled to compensation. These other dependents can include adopted children, stepchildren, or other relatives who relied on the deceased person financially.

Wrongful Death Damages

No amount of compensation can make up for the loss of a family member. However, families can recover and seek damages under New York law for their losses through legal action. Eligible parties may recover damages through a wrongful death action brought by the estate’s representative. Financial recovery is essential to help families cope with the financial burden caused by the loss. In New York, two types of damages can be recovered:

Pain and Suffering

Pain and suffering damages are repayment for the pain and suffering the accident victim experienced before their death. To quantify pain and suffering damages, attorneys will use the fear of impending death, taking into consideration the amount of time the injured party was aware they were actively dying.

Economic Damages

Economic damages in a wrongful death lawsuit are focused on financial loss. The victim’s family members can claim damages based on the financial losses they will experience due to the untimely loss of a loved one.

Examples of economic damages the family members can pursue include:

• Funeral, burial, or cremation costs
• Medical expenses incurred
• Medical bills related to the deceased person’s treatment
• Lost wages the decedent was earning and would have earned if not for their untimely death
• Services the decedent provided, such as health insurance
• Loss of assets or inheritance

Dealing with the insurance company can be challenging, as insurers may attempt to minimize payouts in wrongful death cases.

When calculating economic damages in a wrongful death lawsuit, an attorney will factor in the life expectancy and the age of the deceased party.

Unlike other states, New York does not allow the surviving family members to pursue compensation for the pain and suffering they have experienced due to the loss of their loved one.