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Personal Injury Attorneys
New York Wrongful Death AttorneysIn New York, when a family member is killed in an accident was 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/or a personal injury survival action.
Although the two claims are often referred to as a simply a “wrongful death action,” there are important legal ramifications that distinguish the two causes of action in terms of the items of 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 distributees of the estate due to the loss of the decedent. 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 for loss of companionship. The damages are strictly for the economic value of the decedent 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 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 prior to death, a personal injury survival action may be brought to seek recovery for the decedent’s conscious pain and suffering. The 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.
Wrongful death may occur as a result of a wide variety of accidents. Sometimes, an action may start off 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:
- Car Accidents
- Workplace Accidents
- Construction Site Accidents
- Medical Malpractice
- Pedestrian Knockdowns
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 anyone will be forced to endure. There is the obvious anguish and grief. A growing concern for the future, especially when the decedent was the primary wage earner. 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. There are also many time sensitive requirements that must be met in order 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 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 know how to get results!
If you have lost a loved one due to a wrongful death, we are here to fight for your rights. Call Mr. DiMartini directly at 1.844.299.0030. You can also contact us online. The consultation is free. There is never a fee unless we win your case!