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New York City Wrongful Death Attorneys
In New York, when a family member is killed in an accident due to the carelessness of another person or entity, the decedent’s distributees have certain rights and remedies. The law allows for two separate and distinct causes of action: a wrongful death claim and a personal injury survival action.
Although the two claims are often referred to as simply “wrongful death actions, ” important legal ramifications distinguish the two causes of action in terms of the damages the jury may award, the distribution of an award, and possible estate tax consequences.
In a wrongful death action, the jury may only make awards for the pecuniary losses suffered by the estate’s distributees due to the decedent’s loss. They may not make any award for pain and suffering and emotional consideration must not play a role in their verdict. The law excludes emotions from the jury’s consideration. The damages may not include compensation for sorrow, mental anguish, injury to feelings, or loss of companionship but are strictly limited to the economic value of the decedent’s life to the distributees at the time of the decedent’s death.
Any award for wrongful death will be shared among the decedent’s distributees according to a variety of factors. The award is not considered to be the property of the distributees. It is, therefore, not part of the decedent’s estate for federal or New York State estate tax purposes, and not subject to the claims of creditors of the decedent’s estate.
If the decedent was alive and conscious immediately before death, a personal injury survival action may be brought to seek recovery for the decedent’s conscious pain and suffering. This award is considered to be property of the estate and will be distributed according to the decedent’s will, or according to the rules of intestacy in the case of no will.
Causes of Wrongful Death
A wrongful death may occur as a result of a wide variety of accidents. Sometimes, an action may start as one solely for personal injuries, but then later when the injured party succumbs to his or her injuries, a separate action for wrongful death accrues. Some of the more common accidents or incidents that may cause a wrongful death include:
Has a loved one been a victim of a wrongful death?
When a family member is taken suddenly in an accident, it is one of the most trying and difficult times any family will be forced to endure. There is obvious anguish and grief and a growing concern for the future. This can be especially exacerbated when the decedent was the primary wage earner.
As the surviving spouse or family member, you may be confronted with medical bills and other financial hardships. It is during this difficult time that you should have an experienced New York City wrongful death attorney on your side.
New York wrongful death law can seem complex and confusing to the inexperienced. Many time-sensitive requirements must be met to protect and preserve your rights to bring a claim on behalf of the decedent’s estate.
We know the law and have years of experience in representing the estates of people who have been killed in accidents that were due to the negligence or carelessness of another person or company. We know how to protect your interests and will fight to get the distributees of the estate the maximum financial compensation they deserve under the law.
Personal injury law is all we do. We get results!
