Experienced Wrongful Death Lawyers Serving the Hudson Valley, Long Island and New York Metro Area
Although no amount of money can truly compensate you for the loss of a loved one, the laws of New York state are designed to make sure that you are compensated based on the financial support that the deceased would have provided your household. If your spouse, parent, or child recently passed away due to the fault of someone else, contact the experienced attorneys at Ingber & Provost for a free consultation. Our attorneys have over 40 years of combined experience. At Ingber & Provost, we understand that this is your time of need, and we treat you with the sensitivity and respect that you deserve.
What Is A Wrongful Death Lawsuit?
A wrongful death lawsuit is filed by a surviving parent, spouse, child, or dependent of a person who died as the result of another party’s intentional wrongdoing, complete negligence or partial negligence. The difference between a personal injury suit and a wrongful death suit is that a wrongful death suit exists when there is actual death of the injury victim. Generally, because every wrongful death claim is different, expert financial analysts and economists will look closely at details of the case to determine loss.
Common Causes of A Wrongful Death Suit
A wrongful death suit can be brought for a variety of reasons:
- a work-related accident;
- medical malpractice;
- nursing errors;
- a defective product; or
- somebody’s intentional wrongdoing.
These are just a few examples. The key is that another party was at fault for the death of your loved one, and that you were hurt financially as a result of that death. The most common cases involve a negligent driver whose fault causes the death of another person or a doctor who negligently treats a patient and that negligence leads to the patient’s death. In addition, if a product is defective and leads to the death of your loved one, you can also file a wrongful death claim. Anyone who was involved in the event and was at fault can be held liable.
What Can the Plaintiff Recover?
The plaintiff can recover for: medical expenses; loss of services that the decedent would have provided to the household; loss of earnings by the decedent; loss of medical coverage benefits and other benefits that the decedent would have provided to the household; funeral costs, and more. Moreover, if the plaintiff is the child of the deceased, loss of parental guidance or training is also available. In New York, the emphasis is on economic loss, so emotional suffering is not compensated.
In addition to recovering what the decedent would have contributed to the family financially, there can also be compensation for what is called “conscious pain and suffering.” This refers to the pain and suffering that the decedent suffered prior to death and for which the decedent would have been able to recover had the decedent survived.
For a wrongful death claim, the family member has two years to file. If you do not file within this time frame, the court may not hear your case, even if it has merit. In some special circumstances, the time to file is even shorter, so please call us regarding your wrongful death claim so that we can assist you in evaluating your case.
Call Us Today
If you have a loved one who recently died because of another person’s negligence or wrongdoing, call Ingber & Provost today. Bringing a wrongful death suit can be a complicated process. Our attorneys have over 40 years of combined experience and are here to serve you in your time of need. You only have a limited time to file a wrongful death claim, so call us today at 866-733-2720 for a free consultation.