Losing a loved one is always a tragedy, and many people spend years coming to terms with such an enormous loss. Your grief might be made even worse if someone else’s negligence caused your loved one’s death. A wrongful death lawsuit can help grieving families recoup losses from their loved one’s death.
The value of your wrongful death case may be difficult to predict. It is not uncommon for wrongful death cases to be worth a considerable sum of money, but the total value will depend on how the deceased person died and your relationship with them. If the loss of your loved one resulted in more substantial damages, your case will likely be worth more money.
If you lost a loved one because of someone else’s negligence or even because of an intentional act, contact our New York wrongful death attorneys for help throughout your case. Call the Broward County wrongful death attorneys at The Carrion Law Firm at (718) 841-0083 for a free case review.
Compensation Available in Wrongful Death Lawsuits in New York
There are various types of compensation available to plaintiffs in a wrongful death case. In general, some damages are related directly to the deceased and their death, while others are related to the harm to the deceased’s family. Your specific damages will depend on how your loved one died and the nature of your relationship with them.
In a wrongful death lawsuit, you can claim damages for the expenses incurred by the deceased before they died. For example, if your loved one was involved in a bad car accident before they passed away, you can claim the medical bills from their hospital visit as part of your damages. You can also claim the loss of their vehicle and their pain and suffering. Essentially, any damages the deceased could have claimed themselves had they survived, you can claim in a wrongful death lawsuit.
You must also consider damages related to losses you and your family experienced. Most wrongful death cases deal with the loss of immediate family members, and these family members often face the harshest effects of a loved one’s death. If the deceased was your spouse, you can claim damages for loss of consortium or loss of companionship. If the deceased was your parent, you can claim loss of parental guidance.
You can also claim the loss of any support the deceased was providing before their death. For example, if you relied on your loved one’s income for support, you can typically claim that lost income and lost future earnings as part of your damages. You can also claim the value of lost services if your loved one performed home upkeep or caregiving services for children or other loved ones. Our New York personal injury lawyers can help you understand what kind of damages you can claim in your specific case.
How Much Money Is the Average Wrongful Death Case Worth in New York?
It is difficult to come up with an average value of wrongful death cases as these kinds of cases can vary greatly. For example, suppose a wrongful death lawsuit involves a death from a long-time illness that was acquired due to unsanitary work conditions. In that case, the deceased might have racked up many costly medical bills before they passed away. On the other hand, if the cause of death was more sudden, there might be fewer damages related to medical expenses.
Your relationship with the deceased is also important. Suppose the deceased was your sibling and you are their only next of kin. While you could claim various damages related to their death, damages for loss of consortium would be off the table. Similarly, if you did not rely on the deceased for any financial support or other services, you would be able to claim fewer damages.
However, your case could be worth a lot of money even if you cannot claim some of these more substantial damages. This is due to punitive damages. Punitive damages are designed to punish the defendant for bad behavior, and punitive damages awards have been known to be quite large. This is especially so in New York because punitive damages are not capped, though punitive damages are rare. Talk to our Brooklyn personal injury attorneys about how much your case is worth.
How Much Is the Average Wrongful Death Settlement in New York?
Settlement agreements are common throughout civil cases. Regardless of the cause of action behind them, most civil cases are resolved through settlements. In a wrongful death case, as in any other case, you can expect a settlement to be worth a bit less than your total claimed damages. However, given the nature of wrongful death cases, a settlement could still be worthwhile.
Settlements are great ways to get compensation to cover your damages while avoiding a long and grueling trial. Settlements are reached through intense negotiations, and you need an attorney who will fight for you during the negotiation process. If you have a strong case, you can put more pressure on the defendant to agree to a larger settlement by threatening to take the case to trial.
Our Long Island personal injury attorneys can fight to get you the optimal settlement in your case.
Call Our New York Wrongful Death Attorneys for Help
If you recently lost a family member in an accident or by someone’s intentional actions, you can file a wrongful death lawsuit to hold them accountable. Our Rochester wrongful death attorneys can help. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation today.