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Fatal Accident – New York City Wrongful Death

By Dansker & Aspromonte

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July 20, 2024

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Serious Injury

At Dansker and Aspromonte, we handle all serious injury and wrongful death cases.  When someone is seriously injured they are entitled to receive compensation for all their pain and suffering from the time of the accident to the time that their case is tried or settled and for all the future pain and suffering that they will incur after that.  If an injury is permanent, they are entitled to compensation for the rest of their life expectancy. In addition, they are entitled to all lost earnings, medical expenses and other reasonable and necessary costs and losses related to the accident.

For a free legal consultation, call (212) 732-2929

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.

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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 Associates LLP, 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 212-540-2987 to speak with an experienced New York City wrongful death lawyer.

Complete a Free Case Evaluation form now

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 212-540-2987.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

Let Our Team Handle Your Case with Confidence

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Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.