Damages in a wrongful death case can be complex, with specific rules determining what is recoverable and what is not. It is no easy ordeal to focus on filing a wrongful death claim while grieving the loss of a loved one. However, taking steps to seek justice for the victim can provide a sense of closure and help ease your mind during this difficult time. The bitter truth of it all is that life must go on for those who remain, as dictated by the law of nature. Nothing can ever replace what you have lost, but any damages recovered can provide some measure of financial stability. To deal with NYC laws regarding wrongful death claims and the types of damages that may be covered for your case, consulting a new york city wrongful death attorney is highly recommended.
New York City Wrongful Death Attorney: Types of Damages Explained
How Damages Are Calculated in NYC Wrongful Death Claims
In New York, wrongful death damages are categorized as either economic damages or non-economic damages. As the names imply, economic damages are monetary awards meant for financial losses that result from the untimely death of a wrongful death victim. To calculate economic damages, several factors are considered such as the deceased’s age, health, life expectancy, and earning potential.
Unlike economic damages, non-economic damages are more complicated as it is not easy to quantify them. These losses are emotional and intangible damages that are abstract. Unfortunately, non-economic damages in wrongful death cases are limited in New York City. Proving non-economic damages requires the expertise of a skilled New York City wrongful death attorney who has dealt with similar cases before.
Economic Damages for Wrongful Death Claims
Some states have limits for recovery of economic damages. New York is one of the few states that has no cap on economic damages in wrongful death lawsuits. This no-cap law means that you can recover the full amount of deserving financial compensation.
Types of economic damages in wrongful death cases include:
- Medical Expenses: Costs incurred for medical treatment prior to death.
- Funeral and Burial Costs: Expenses related to laying the deceased to rest.
- Lost Wages and Benefits: Income the deceased would have provided, including potential future earnings.
- Loss of Services: The value of household services the deceased contributed, such as childcare or maintenance.
What Counts as Non-Economic Damages in NYC?
First things first, non-economic damages for surviving family members in NYC are limited since the New York State law doesn’t allow the pursuit of compensation for the family’s emotional trauma or loss of companionship. You can only pursue compensation for non-economic damages in an NYC wrongful death claim for these reasons:
- Prior to their passing, if the deceased goes through pain and suffering, either physically or emotionally, non-economic damages may be awarded.
- If the deceased has children, compensation can be pursued for the loss of a parent’s love and guidance which cause lifelong effects.
- Surviving spouses can also claim damages for emotional loss in terms of marital support and affection.
Legal Background: Under New York State law, specifically the Estates, Powers & Trusts Law (EPTL) § 5-4.3, surviving family members cannot pursue compensation as non-economic damages for emotional distress or loss of companionship. Efforts have been made to amend this limitation via the Grieving Families Act. However, this bill was vetoed in 2023 and the current legal framework in New York continues to exclude non-economic damages recovery for surviving family members.
Statute of Limitations for Filing a Wrongful Death Claim
The emotional and financial toll of losing a loved one due to negligence is not easy to process. If you are going through this unfortunate experience currently, we implore that you consult a New York City wrongful death attorney as there’s a statute of limitations for your wrongful death case.
This means that you must file a wrongful death lawsuit within two years of the death. At Gabriel Legal, our team of compassionate and experienced NYC wrongful death attorneys is here to shoulder the burden of your case so you can focus on healing. Contact us for a free consultation here or call (212) 497-2421.
.jpg)
.jpg)
