Value of a Wrongful Death Case in New York

Losing a loved one due to someone else's negligence or wrongful actions is an indescribable tragedy that can leave families devastated. In New York, a wrongful death case can provide a means to seek justice and financial support for the surviving family members. At Stephen Bilkis & Associates, we understand the profound impact of a wrongful death and are dedicated to helping families navigate the legal process and obtain the full value of their wrongful death claim. We work closely with our clients to understand their unique circumstances and the immeasurable loss they have suffered. Our experienced attorneys collaborate with experts to assess the economic and non-economic damages incurred, including medical expenses, funeral costs, lost future income, and the emotional pain and suffering endured. We are committed to holding responsible parties accountable and fighting for justice on behalf of our clients. If you have lost a loved one in New York due to negligence or wrongful actions, contact our experienced New York wrongful death lawyers today for compassionate support and diligent representation. Let us help you pursue the justice and financial compensation your family deserves in this difficult time. Over the years our attorneys and of counsel have secured over a $1 billion in compensation for injured victims and their families.

The following cases are examples of verdicts related to wrongful death.

Case: Thomas v. Burack, 2009 N.Y. Slip Op. 32647 (N.Y. Sup. Ct. 2009)
Accident Type: Medical malpractice
Verdict: $6,780,000 for conscious pain and suffering and $13 million for loss of services
Case Summary: Decedent was admitted to Downstate Hospital 1 for single bypass heart surgery and a mitral valve repair. Within a period of less than 24 hours, Dr. Burack performed three open heart surgical procedures on Mr. Thomas. Mr. Thomas died without leaving the hospital. At trial, plaintiff alleged negligence by Dr. Burack in connection with these surgeries, and Dr. Burack claimed that hospital staff was negligent in the monitoring and treatment of various infections and complications during Mr. Thomas' ensuing five-month hospitalization.

Case: Lee v. City of N.Y., 31 N.Y.S.3d 921 (N.Y. Sup. Ct. 2015)

Accident Type: Pedestrian accident; negligence

Verdict: $32,813,376 

Case Summary: The plaintiff was a pedestrian hit by a car that was being followed by a police officer driving a van. Plaintiff suffered several injuries including a fractured right foot.

Common causes of wrongful death New York include:

Medical malpractice is a leading cause of wrongful death in New York. It can involve errors or negligence by healthcare professionals, including doctors, nurses, or hospitals, resulting in severe harm or death to a patient. Examples include misdiagnosis, surgical errors, medication mistakes, or failure to provide adequate treatment.

Motor vehicle accidents are another frequent cause of wrongful death in New York. Negligent driving behaviors such as speeding, drunk driving, distracted driving, or disregarding traffic laws can lead to catastrophic accidents resulting in fatalities. Pedestrian accidents, bicycle accidents, and motorcycle accidents also contribute to wrongful deaths on the road.

Workplace accidents and occupational hazards can lead to fatal outcomes. Construction site accidents, industrial accidents, or exposure to toxic substances in the workplace can result in fatal injuries. Employers failing to provide proper safety measures, equipment, or training may be held liable for wrongful deaths that occur in these settings.

Product liability cases involving defective products can also lead to wrongful deaths. This includes situations where a faulty product, such as a defective vehicle component, medical device, or consumer product, causes a fatal accident or injury.

Other causes of wrongful death in New York can include premises liability incidents, such as slip and fall accidents or inadequate security leading to fatal assaults, incidents involving negligent supervision in nursing homes or daycare centers, and criminal assaults.

When a wrongful death occurs, it is crucial to consult with an experienced New York wrongful death lawyer. They can help investigate the cause of death, gather evidence, identify responsible parties, and pursue legal action to seek justice and compensation for the surviving family members.

When determining the value of a wrongful death case in New York, two crucial factors come into play: the financial losses suffered by the survivors and the intangible losses resulting from the death.

The financial losses factor takes into account various elements such as medical expenses incurred before death, funeral and burial costs, and the deceased person's lost earning capacity. This involves calculating the potential income the deceased would have contributed to their family over their expected lifespan. Factors such as age, occupation, education, and earning potential are considered to determine the value of this loss.

The intangible losses factor encompasses the emotional and non-economic impact of the wrongful death on the survivors. This includes the loss of guidance, companionship, consortium, and support provided by the deceased. The emotional trauma, mental anguish, and pain suffered by the survivors due to the loss of their loved one are also considered. While these losses are challenging to quantify, they are essential in assessing the overall value of a wrongful death case.

Other factors that may influence the value of a wrongful death case include any conscious pain and suffering experienced by the deceased before death, the age and health of the deceased, and the circumstances surrounding the death.

Determining the value of a wrongful death case requires careful evaluation of both the financial and intangible losses. It is crucial to consult with an experienced wrongful death attorney in New York who understands the laws and legal precedents in New York. By considering these factors and building a strong case, an attorney can help maximize the value of the claim and ensure that the surviving family members receive fair compensation for their losses and the impact of their loved one's untimely death.

The loss of a loved one can never be fully compensated, but our experienced wrongful death attorneys serving New York understand the significance of seeking justice and financial support during such difficult times. We are dedicated to providing compassionate guidance, thorough investigation, and skilled representation to help you navigate the legal complexities and maximize your potential recovery. Don't hesitate to call our trusted team today for the support you need. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.