Losing a loved one due to someone else's negligence is heartbreaking, and while no amount of money can replace them, a wrongful death lawsuit can provide financial relief to the surviving family members. In New York, compensation in a wrongful death lawsuit is designed to cover the losses suffered by the family as a result of the untimely death. At The Law Office of Tedd Kessler, P.C., we assist the New York public with personal injury matters, including wrongful death claims, and help families secure the compensation they deserve.

Key Factors in Calculating Compensation

In a New York wrongful death lawsuit, several factors are considered when calculating the compensation awarded to the deceased’s family:

1. Economic Damages

Economic damages are intended to compensate for the financial losses directly caused by the death. These include:

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  Funeral and burial expenses: The costs of laying the deceased to rest can be claimed in a wrongful death lawsuit.
• Medical expenses: If the deceased incurred medical expenses before passing, these costs can be recovered as part of the damages.
• Loss of income: Compensation can include the loss of future income that the deceased would have earned had they lived, taking into account their age, health, and earning capacity.
• Loss of benefits: Surviving family members can also claim the loss of benefits, such as pensions or healthcare, that the deceased would have provided.
• Value of household services: The value of services the deceased provided at home, such as childcare, maintenance, or household management, can be included in the calculation.

2. Non-Economic Damages Related to Financial Impact

While New York does not allow compensation for the emotional grief and pain caused by the death, non-economic damages can still be claimed in relation to the financial impact on the family:

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  Loss of parental guidance: Children of the deceased can claim compensation for the loss of parental nurturing and guidance.
• Loss of companionship: Surviving spouses and family members may recover compensation for the loss of companionship and the support the deceased would have provided.

Factors That Influence the Amount of Compensation

Several factors influence the amount of compensation awarded in a wrongful death lawsuit:

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  The age and health of the deceased: Younger individuals or those in good health may result in higher compensation, as they would have contributed financially for a longer period.
• The earning potential of the deceased: Higher earners generally lead to larger awards for loss of income and support.
• The relationship between the deceased and the claimants: Close family members, such as spouses, children, and parents, are more likely to receive compensation, especially if they were financially dependent on the deceased.

How The Law Office of Tedd Kessler, P.C. Can Help

Navigating a wrongful death lawsuit can be a complex and emotional process, but having the right legal representation can make a significant difference. At The Law Office of Tedd Kessler, P.C., we are dedicated to helping families recover the compensation they deserve after the loss of a loved one. Our experienced legal team will guide you through every step, ensuring that your rights are protected and your family's future is secure.

If you have lost a loved one due to someone else’s negligence, contact The Law Office of Tedd Kessler, P.C. today to learn how we can assist you with your wrongful death lawsuit in New York.