When a person’s death is the result of another person’s (or company’s) negligence, New York State law allows recovery for “wrongful death.” Wrongful death cases can arise out of any type of negligence, including motor vehicle, premises liability, construction accidents or medical malpractice.
At Morris & Morris, we are experienced at handling wrongful death cases. We protect and advance the rights of our clients while allowing them to deal with their tremendous losses.
In a wrongful death action, certain family members who were dependent on the deceased person may recover their pecuniary losses. For example, some family members will have claims for loss of support, future lost earnings, loss of inheritance, loss of household services, and so on. A child of a parent who dies also may have a claim for the loss of parental guidance – even where the child is an adult at the time of the parent’s death. There also may be recovery for any conscious pain and suffering the victim endured before his or her death. Unfortunately, New York law does not allow any recovery for the pain and suffering endured by those loved ones left behind.
The wrongful death action has a shorter statute of limitations, in other words the time in which a case must be brought, than other personal injury actions. Thus, it is important to retain counsel promptly so that an investigation can begin and an action started in a timely fashion.