Having to be informed that your loved one died in an accident is a heartbreaking ordeal. Understandably, family members have many questions they want answered when they learn of the devastating news. One key question that many people want an answer to is how the accident occurred.
At the Law Firm of Leandros A. Vrionedes, P.C., we understand that hearing the answer to that question can be difficult to hear, particularly if the accident was caused by the intentional or negligent conduct of another person. During this time of grief it can be difficult to focus on legal matters, but surviving family members of the decedent should be aware that they do have recourse under the law, and they may be entitled to recover for pecuniary or financial loss through a wrongful death action.
New York Wrongful Death Actions
A wrongful death case is a lawsuit brought on behalf of a decedent’s survivors for their damages resulting from a tortious injury that caused the decedent’s death. Wrongful death actions can arise in a variety of circumstances, such as in car accidents, construction accidents, medical malpractice cases, products liability cases, slip and fall accidents, and exposure to toxic substances. New York’s wrongful death statute (Estates, Powers and Trusts, Article 5, Part 4) states that a personal representative of the decedent, who is appointed by the state, can bring a wrongful death action on behalf of the surviving distributees or beneficiaries.
Members of the decedent’s family may be able to recover for the following types of economic and non-economic damages in New York:
- Funeral expenses
- Medical expenses
- Loss of future earnings that the decedent would have earned during life
- Loss of benefits that the decedent would have received if still alive
- Loss of companionship, comfort, and solace
- Pain and suffering that the decedent experienced before death, while the decedent was still conscious
- Punitive damages may be awarded in certain circumstances to punish the party who caused the accident
Consulting an Experienced Lawyer
An experienced wrongful death attorney can ensure that you receive the maximum compensation that you and your relatives are entitled to. We conduct a thorough investigation, gather necessary evidence and consult knowledgeable experts on your behalf to determine the cause of the accident and the amount of recovery you deserve. If you have lost a loved one due to the actions of another person, you should consult a qualified attorney right away. In New York, individuals generally have, subject to exceptions, up to two years from the time of the decedent’s death to file a wrongful death action.
For an experienced wrongful death lawyer in New York, contact the Law Firm of Leandros A. Vrionedes, P.C. for a free initial consultation.