New York Injury Accident Lawyer : What is Wrongful Death?
What is Wrongful Death?
Wrongful death is a legal term that signifies the death of a person caused by the negligence, malpractice or intentional misconduct of a person, corporation or governmental entity. New York personal injury law provides for a cause of action for wrongful death by virtue of its wrongful death statute, Section 5-4.1 of the Estates Powers and Trusts Law. This statute provides that the personal representative of a dead person may bring a lawsuit for the benefit of the surviving family members to recover damages against the persons or entities responsible for the death. The term “personal representative” usually means the administrator or executor of the estate of the decedent that has been appointed by the Surrogate’s Court.
A wrongful death claim can be based upon a wide variety of occurrences, including airplane crashes, motor vehicle, bus and train accidents, drunk driving, medical malpractice, defective products and drugs, police brutality, terrorist attacks, and intentional or criminal acts.
The compensatory damages recoverable in a wrongful death civil lawsuit in New York are limited to “pecuniary loss”, meaning the monetary loss to the surviving family members. This includes loss of financial support, loss of household services, funeral expenses and other aspects of financial loss. Children are also entitled to substantial damages for the loss of nurture, care and guidance of a deceased parent. Unfortunately, under the New York wrongful death statute, damages for grief and mental anguish caused by the death are not recoverable. However, a wrongful death case can be combined with a claim for the conscious pain and suffering of the deceased, as well as loss of companionship of a spouse up to the time of death. In an appropriate case, punitive damages may also be recoverable where the defendant’s conduct was grossly negligent, willful or malicious. The laws of other states and certain federal statutes, if applicable to a particular case, may provide for additional elements of damages, including grief, mental anguish and loss of society.
New York City wrongful death attorney Jonathan C. Reiter has over 30 years of experience helping the families of wrongful death victims obtain favorable verdicts and settlements. Servicing the needs of New York injury victims throughout the State, including the five boroughs of NYC: Manhattan, Bronx, Brooklyn, Queens and Staten Island, as well as upstate counties, other States, territories and foreign countries, the Law Firm of Jonathan C. Reiter is a strong advocate for wrongful death victims and their families and is highly regarded by the legal community.
If you or someone you know has been affected by the loss of a loved one caused by the negligence or wrongful actions of another person or entity, and you would like to discuss your legal options with a qualified New York wrongful death lawyer, contact the New York City injury law firm of Jonathan C. Reiter today for a free consultation.
A wrongful death claim can be based upon a wide variety of occurrences, including airplane crashes, motor vehicle, bus and train accidents, drunk driving, medical malpractice, defective products and drugs, police brutality, terrorist attacks, and intentional or criminal acts.
The compensatory damages recoverable in a wrongful death civil lawsuit in New York are limited to “pecuniary loss”, meaning the monetary loss to the surviving family members. This includes loss of financial support, loss of household services, funeral expenses and other aspects of financial loss. Children are also entitled to substantial damages for the loss of nurture, care and guidance of a deceased parent. Unfortunately, under the New York wrongful death statute, damages for grief and mental anguish caused by the death are not recoverable. However, a wrongful death case can be combined with a claim for the conscious pain and suffering of the deceased, as well as loss of companionship of a spouse up to the time of death. In an appropriate case, punitive damages may also be recoverable where the defendant’s conduct was grossly negligent, willful or malicious. The laws of other states and certain federal statutes, if applicable to a particular case, may provide for additional elements of damages, including grief, mental anguish and loss of society.
New York City wrongful death attorney Jonathan C. Reiter has over 30 years of experience helping the families of wrongful death victims obtain favorable verdicts and settlements. Servicing the needs of New York injury victims throughout the State, including the five boroughs of NYC: Manhattan, Bronx, Brooklyn, Queens and Staten Island, as well as upstate counties, other States, territories and foreign countries, the Law Firm of Jonathan C. Reiter is a strong advocate for wrongful death victims and their families and is highly regarded by the legal community.
If you or someone you know has been affected by the loss of a loved one caused by the negligence or wrongful actions of another person or entity, and you would like to discuss your legal options with a qualified New York wrongful death lawyer, contact the New York City injury law firm of Jonathan C. Reiter today for a free consultation.
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