Wrongful Death
The death of a loved one can cause not only severe emotional turmoil but also significant financial strain. If you have lost a loved one due to the careless or negligent actions of another, you have the right to pursue compensation for your loved one’s injures and for all the financial losses of the surviving family members.
When a loved one is injured and dies due to the negligence of another, there are two distinct causes of action that can be raised in the lawsuit. The first is for the claims for recovery related to the victim’s injuries and damages that occurred prior to his or her death. These claims are referred to as survival claims and are made on behalf of the estate of the victim. The second is for the recovery of damages suffered by the family of the victim. These are known as the wrongful death claims.
Survival Claims
Conscious Pain and Suffering – This is a claim for the victim for the conscious pain and suffering caused to him or her from the time of the accident to the moment of the person’s death. Recovery for pain and suffering can be in the millions of dollars depending on how severe and how long the person survived. Even a survival for minutes can warrant a large recovery.
Pre-Impact Terror – If a person was aware that a severe injury or death was about to occur to them, there is an additional recovery for what is known as Pre-Impact Terror which is the mental anguish that a person will experience when they are aware of what is about to happen. For example, if a person saw a speeding car approaching them before being fatally struck, he or she suffered severe emotional trauma and fear of impending death.
Wrongful Death Claims
Wrongful death claims are made on behalf of the survivors of the victim, including the spouse, children, grandchildren or other surviving distributees of the victim. This is compensation to the survivors for the loss of future support and assistance which they would have received from the victim. These damages are known as pecuniary losses and include the following types of recovery:
- Loss of the earnings that the decedent would have made in his or her lifetime
- Loss of pension benefits
- Loss of medical coverage
- Loss of parental nurture, care, guidance and training
- Funeral expenses
- Loss of mortgage or rent payments
- Loss of any services, assistance or help provided to the survivors by the victim which can include anything that can be assigned a monetary value. Some examples include babysitting, running errands, providing transportation, teaching grandchildren, homemaking services, performing household maintenance and repairs, providing gifts and allowance, financial management
At Dansker & Aspromonte, we have extensive experience handling serious injury and wrongful death litigation for clients throughout the New York City metropolitan area. We understand the impact of your loss and are prepared to help you obtain the financial resources you need to make it through this difficult time.
If you have lost a loved one due to the careless or negligent action of another, a wrongful death attorney is here to help. Contact us today online or by telephone at 212-732-2929 to speak with an experienced New York City wrongful death lawyer.
For a free legal consultation with a wrongful death lawyer serving New York, call 212-732-2929
Experienced New York City Serious Injury and Wrongful Death Lawyers
Serving the Bronx, Brooklyn, Staten Island, Queens, Manhattan and the NYC Metro Area and beyond.
We have a great deal of experience with Serious Injury and Wrongful Death cases, and we will welcome your inquiries and questions about these matters. To schedule a free consultation with a Serious Injury and Wrongful Death attorney, contact us online or call 212-732-2929.
Additional cases we handle include:
Call or text 212-732-2929 or complete a Free Case Evaluation form