Of all the challenges a family must face, there is none more difficult than the death of a loved one. It is particularly difficult when that death is caused by the careless or malicious actions of someone else. For families whose lives are shaken by wrongful death, the pain and agony can be nearly unbearable. While nothing can truly compensate for the loss of a loved one, the knowledge that the responsible parties can be held accountable for their negligence in a court of law provides many families with at least some peace of mind.
Below you will find answers to some of the questions most frequently asked of our personal injury attorneys in Manhattan, New York about wrongful death claims.
Who can sue for wrongful death?
In most states, only a direct relative of the deceased may sue for wrongful death. For instance, a parent can sue for the wrongful death of a child; a wife can sue for the wrongful death of a husband; a minor child, through the aid of a guardian, can sue for the wrongful death of both parents; and so on.
What sorts of damages can be obtained in a wrongful death lawsuit?
The types of damages that can be recovered in a wrongful death lawsuit depend on the individual case, but generally include compensation for medical and funereal expenses, pain and suffering, mental anguish, and losses and expenses that can be projected into the future, such as future lost wages and benefits, loss of consortium, loss of support, and loss of companionship.
Can I file a wrongful death claim if my deceased family member was partly at fault for the accident?
In states with comparative liability laws, it may be possible to collect some compensation in a wrongful death lawsuit even if your loved one was partly at fault for the accident that resulted in his or her death. The amount of money to which you would be entitled would be reduced in proportion to the degree to which your loved one was at fault. For example, if your loved one was found to be 40 percent at fault for the accident, you would be eligible to recover 60 percent of the overall award you would have recovered if your loved one had not been at fault at all.
Contact Our Wrongful Death Lawyers
For answers to your specific questions about wrongful death litigation, please contact the attorneys of Proner & Proner in Manhattan, New York today. Our lawyers will treat you and your family with compassion while fighting aggressively for your rights.
Free Case Evaluation
To Proner & Proner
Locations
New York Office:60 E. 42nd Street
Suite 1448
New York, New York 10165
Phone: (212) 500-1003
Map & Directions
Connecticut Office:14 Depot Place
Bethel, CT 06801
Phone: (203) 244-6026
Map & Directions
Albany Office:90 State Street
Suite 700
Albany, NY 12207
Phone: (518) 514-1053
Map & Directions
Buffalo Office:182 East Main Street
Springville, NY 14141
Phone: (716) 542-8243
Map & Directions
Rochester Office:250 Mill Street
Rochester, NY 14614
Phone: (607) 591-8124
Map & Directions
Syracuse Office:500 South Salina Street
Suite 316
Syracuse, NY 13202
Phone: (315) 295-1466
Map & Directions
