Case Types - Wrongful Death

Wrongful Death Case Damages

Wrongful death damages usually depend upon the relationship of the plaintiff to the deceased. Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their child's death. Damages in the death of a minor child may include potential financial contributions from said child. Damages for spouses include loss of companionship, potential financial contributions, and mental anguish

The wrongful death damages awarded to children after the death of a parent vary based upon age. Wrongful death damages for all children usually include mental anguish and loss of companionship. Minors can recover wrongful death damages for monies the deceased would have contributed to raising the child. Adult children who claim damages can include the sum the parent would reasonably and probably have contributed to them.

Occasionally, wrongful death damages include loss of inheritance, as well as punitive damages. In many cases, wrongful death damages may be awarded to any member of the deceased's estate (anyone named in the will). In a number of states, wrongful death claims include the full value of the life of the defendant, without subtracting any expenses. Claims also generally cover medical and funeral expenses, as well as pain and suffering before death.

When an individual dies as a result of an accident or medical malpractice, certain survivors may bring a wrongful death suit against the responsible party. Wrongful death suits are different from other kinds of personal injury claims because the actual victim is deceased. Under New York Law only certain close relatives who are deprived of pecuniary or financial losses as a result of the death of the victim are entitled to sue the wrongdoer for the loss of the financial support of the decedent. Unlike some states, New York does not allow for damages suffered by the survivors in the nature of grief and bereavement. Only the actual monetary losses including funeral expenses, lost earnings and support can be recovered. In certain circumstances the economic value of services provided by the decedent, including parental guidance and counseling and other contributions that a person makes to his/her loved ones, may be claimed.

In order to pursue a wrongful death claim a representative of the decedent's estate must be appointed by the Surrogate's Court. In addition to the loss of pecuniary damages, if the decedent suffered conscious pain and suffering before death a claim on behalf of the estate may be brought to recover for the conscious pain and suffering. That part of the claim is not technically part of the wrongful death claim but rather is the decedent's claim for pain and suffering which becomes an asset of the estate and is distributed in accordance with the Last Will and Testament, or if there is none in accordance with the intestate distribution law. The proceeds of the wrongful death claim, being based on the loss of financial support by the decedent, is distributed according to the actual loss suffered by each entitled relative.