What Damages Might Be Recoverable in a Wrongful Death Claim?
Unintentional injuries are a leading cause of death in the United States. In 2016 alone, more than 160,000 people sustained fatal injuries in unanticipated accidents.
That means tens of thousands of families had to cope with the tragedy of losing a loved one, often due to the negligence or intentional wrongdoing of another person. In many of these cases, the deceased was a primary source of financial support, and surviving family members had to find a new way to make ends meet virtually overnight.
If someone you love died because of the careless or reckless behavior of another person or company, turn to LoTempio P.C. Law Group. Our attorneys are passionate about helping clients pursue the justice and compensation they deserve after the sudden loss of a family member. Call 716-855-3761 to schedule a free consultation with a wrongful death lawyer in New York.
Read on to learn the types of damages that might be recoverable after a wrongful death:
Compensatory damages are intended to compensate the claimant for the economic and non-economic damages incurred as a result of the wrongful death. In wrongful death cases in New York, such damages might include:
- Medical bills the deceased incurred due to his or her final injury or illness;
- Pain and suffering the deceased experienced prior to passing;
- Funeral and burial expenses;
- Lost income and benefits;
- Loss of support and services;
- Loss of parental guidance; and
- Loss of anticipated inheritances.
Punitive damages are intended to punish the defendant for particularly egregious behavior. The jury might award punitive damages if the defendant’s conduct exhibited:
- Willful negligence;
- Wanton recklessness;
- Fraudulent or dishonest intentions that demonstrated criminal indifference to civil obligations;
- A high degree of immorality; or
- Conscious disregard for the safety, rights, or health of others.
If you intend to file a wrongful death claim, you should expect the insurance company or opposing party to do everything in their power to reduce their liability and minimize the final settlement or verdict. They might offer a low settlement before you’ve had a chance to discuss your case with a wrongful death attorney. If you make any recorded statements, they may be misrepresented by the insurer to dispute liability or damages. The insurance company might even argue that your loved one was partially or entirely at fault for his or her own death.
A seasoned wrongful death attorney from LoTempio P.C. Law Group can help you level the playing field and avoid critical mistakes that would jeopardize your claim. We will perform a thorough investigation, gather all available evidence, calculate your damages, and if the opposing party refuses to accept a fair settlement offer, we have the litigation experience to represent your interests in court.
Call 716-855-3761 to Speak with a Wrongful Death Lawyer in New York
We are available 24 hours a day, 7 days a week to take your call. If you cannot come to us, a member of our team will come to you. Dial 716-855-3761 or use our Contact Form to set up a free case evaluation with a personal injury attorney in New York.