What Type of Damages Can You Collect in a Wrongful Death Lawsuit?

Wrongful Death Lawsuit New York,  NY

When a person is killed because of the reckless or negligent behavior of someone else, the victim’s family may file a wrongful death lawsuit against the person who is responsible. The wrongful death lawsuit determines the damages the surviving family members can collect.

A wrongful death lawsuit is applicable in the following cases:

  • When a person is unintentionally or intentionally killed.
  • When a person dies because of medical malpractice.
  • When a person dies in an automobile accident.

Who can file a wrongful death lawsuit?

  • Spouse of the deceased: The surviving spouse can claim compensation for the loss of their companion.
  • Children of the deceased: Minor children (not adult children) can claim compensation for their parent’s death.
  • Parents: Parents of minors (but not the parents of adult children) may file a lawsuit if one of their children is killed.
  • Other relatives: Depending on the circumstances of the person who died, other relatives of the victim, like grandparents, can file a wrongful death lawsuit.

Types of damages which may be collected in a wrongful death lawsuit

  • Economic damages: The surviving family member(s) can claim compensation for medical and funeral expenses, loss of wages, benefits, and/or inheritance.
  • Non-economic damages: The surviving family member(s) can claim compensation for pain and suffering and loss of care, protection, guidance, companionship, and consortium. 
  • Survival action/claim: Under New York law, the deceased’s family can include damages (medical expenses and pain and suffering) leading up to their loved one’s death.
  • Punitive damages: To recover compensation for punitive damages it needs to be proven that the person who is responsible for the wrongful death acted with gross negligence.

Wrongful Death attorney in Bronx, New York

For a wrongful death case, Attorney Fatos Dervishi of the Dervishi Law Group, P.C. in New York is the lawyer to call. He is experienced in dealing with wrongful death cases and all personal injury matters.  He will fight for you! Call 917-300-0797 / 718-619-4525 for a free consultation.



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