Wrongful Death Claim Eligibility
New York State has specific statutes and regulations regarding wrongful death claim eligibility. If you have lost a loved one or family member due to someone else’s reckless actions, call our office to find out if you and your family are eligible to receive compensation.
Wrongful Death Claim Eligibility | Causes
Accidents resulting in death are very different from all other types of personal injury cases. In most personal injury cases, the claimant needs to demonstrate the extent of any injuries sustained and establish the legal responsibility of the other party.
If a loved one has died in an accident resulting from another’s negligence or crime, you may be entitled to make a claim for “wrongful death.” Some common causes for wrongful death claims are medical malpractice, vehicle accidents, occupational exposure to hazards, crime, or death during a supervised activity. In any case, the claimant has to demonstrate “pecuniary injury”: loss of support or services from the deceased, lost prospect of inheritance, and medical and funeral expenses. A jury and judge may award additional “punitive damages” in cases of serious or malicious wrongdoing. That said, New York State law and precedent do not allow survivors to recover damages for pain and suffering caused by the death – these would include emotional suffering, loss of companionship, etc. – even if the deceased is a parent or child.
Our Rochester wrongful death lawyers can help you determine if you have a wrongful death case. Please call our office today to schedule a consultation.