Every year, people die needlessly in fatal accidents, leaving the survivors in financial ruin.
Ira M. Maurer has nearly 30 years of experience fighting for the rights of family members affected by wrongful death. Whether the accident occurs in a car, truck or on-the-job, or is caused by medical malpractice, defective products or equipment, our expertise and resources will get the results you need.
What is a wrongful death claim?
New York law allows lawsuits to be initiated by a personal representative of the decedent who died as the result of negligence or some other wrongful conduct. Wrongful death cases, formerly based on common law principles, are now governed by the New York wrongful death statute.
Who may file a wrongful death claim?
The decedent’s personal representative, designated by the deceased's last will and testament, can file a wrongful death claim. If no will exists, the probate court of the decedent’s county of residence may appoint an administrator.
What damages are recoverable under a wrongful death claim?
Although New York law only provides for the recovery of economic loss resulting from wrongful death (i.e. the decedent’s lost wages and fringe benefits), a child of the deceased may recover for the value of parenting that has been lost. A family member is not entitled to damages for pain and suffering unless he or she was located within what the court recognizes as the “zone of danger” at the time of the accident.
What is the difference between a wrongful death claim and the survival claim?
In addition to a wrongful death statute, New York permits a survival action to recover for the decedent’s conscious pain and suffering, if any, prior to death.
If a family member was fatally injured, contact The Maurer Law Firm today for a Free Consultation! Call (845) 896-LAWS.
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