If you are facing the emotional and financial consequences of losing a loved one because of another's negligence or misconduct, call our Elmira, N.Y. office at 1-800-TALK-LAW (1-800-825-5529) for advice on your claim. We will work with you to help you decide whether it is more prudent to fight or to settle a case in order to obtain the maximum awards. We will fight for you!

Wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. It is under tort law, and is designed to compensate the surviving family for their loss due to the death of another family member. Wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff). The primary goal of a personal injury tort is to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others. In a wrongful death action, consideration is given to the earnings the deceased would have provided to their family had they lived and damages are awarded to survivors based on this monetary loss. Survivors may also receive damages for medical and funeral expenses for the deceased, loss of services from the deceased, loss of counsel from the deceased, and sometimes, punitive damages.

Each state in the United States has its own wrongful death statutes that govern wrongful death claims and wrongful death lawsuits. In the state of New York, wrongful death claims must be filed within two years of the date of death.

The amount of damages awarded will depend on the plaintiff's relationship to the deceased, while the compensation for damages may include compensation for the following:

• Damages for the conscious pain and suffering that preceded the family member's death.
• Reimbursement for all medical expenses incurred as a result of the negligence.
• Reimbursement for the loss of any future income.
• Reimbursement for property damage, if applicable.
• Reimbursement for any future services normally provided to you by the person who has died.
• Reimbursement for loss of consortium, for example, a spouse's right to the companionship, help and affection from the person who has died.

Typically, wrongful death suits involve vehicular accidents (aviation, automobile, ATV, motorcycle, or railroad), defective products, medical malpractice, pharmaceutical liability, and a number of other situations. The common element in most tort actions is negligence, which is characterized by inattention, thoughtlessness, inadvertence, and mistakes. Negligence must be proven in wrongful death cases. Here are the four critical components of negligence that must exist in wrongful death claims:

1. The defendant had a duty to the deceased. For example, a car must obey the rules of the road.
2. The defendant failed in that duty (breach of duty). For example, a car fails to stop at a red light, or yield the right of way.
3. That the fatality was caused by the defendant's breach of duty. For example, a car passes a red light and strikes another vehicle or person.
4. That the survivors are entitled to damages as a result of the loss of their loved one. For example, the closest relatives to the deceased may bring a wrongful death action.

In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings and companionship). Finally, effective presentation of the non-economical and emotional loss suffered by the survivor is critical to a fair award of damages.

Wrongful death cases are always emotional. While you are grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, you should not release a corporation or insurance company from liability without first knowing all of your legal rights and what redress is available to you and your family.

Experience Counts. Our overall goal is to establish our office as the best office to hire if you want compensation for your case. We base this on our experience and past results.

We can also help you with other legal problems that arise while your case is pending.

Our philosophy is to provide quality legal services while treating each client with care and respect. If you feel that you or a loved one has suffered because of a motor vehicle accident, call us at 1-800-TALK-LAW (1-800-825-5529) or contact us via our online contact form. All calls and inquiries are responded to the same day, usually within one hour. There is no case-review cost.

Wrongful death Frequently Asked Questions (FAQs)
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Personal Injury Glossary
Tort Legal Glossary