A wrongful death action is brought about by the survivors of the deceased against the parties responsible for the deceased's death. These claims are designed to allow the survivors to recover for the damages they suffered as a result of the deceased's absence.
A wrongful death action can be filed on the following grounds:
- Economic or Pecuniary Damages - A wrongful death action can be filed to recover the economic damage caused by the victim's death. These damages include:
- Loss of Financial Support - The pecuniary or monetary loss suffered by the surviving family members who will now be left without the income generated by the deceased. The compensation can include the deceased's earning capacity at the time of death as well as potential future income that the deceased would have earned. In some instances, compensation can be awarded if the deceased was unemployed or a homemaker. Depending on jurisdiction, other economic damages can be recovered, such as losses of service, protection, assistance and even inheritance which the deceased was providing or would have provided to his/her loved ones.
- Loss of Parental Guidance - Minors can sometimes recover damages for the guidance and nurturing that the deceased parent would have contributed.
- Loss of Consortium - The loss of the deceased's companionship and comfort which includes the loss of conjugal love (sexual relations) and moral support.
- Additional Economic Damages - Survivors can also recover monetary damages for expenses directly relating to the deceased's passing including hospital, medical and nursing costs as well as funeral and estate administration costs.
Many factors can be taken into account when determining the economic value and income potential of the deceased, including the deceased's age, physical condition, life expectancy, intelligence and character. The financial circumstances of the surviving family members should also be properly evaluated and utilized to determine the monetary impact of the wrongful death. In addition, it is important to note that in many states the economic damage award will include interest generated from the date of the deceased's passing. The lawyer handling your claim should be familiar with personal injury litigation and have access to a variety of financial experts to help establish the serious economic impact the deceased's wrongful death will have on your family.
Grief and Mental Anguish. In many states a wrongful death action can be filed to recover damages for the mental anguish, grief and sorrow experienced by the deceased's family. Currently, New York State's wrongful death laws do not allow family members to recover for pain and suffering. However, there is legislation being debated by New York State lawmakers that would serve to correct this situation.
If you suspect that your loved one suffered a wrongful death or if you simply need more information, please contact us immediately at 800-966-4999 and see why our law firm has recovered over $100 million on behalf of our clients.
