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WRONGFUL DEATH ACCIDENTS Wrongful death occurs when a person dies due to the negligent or wrongdoing of some other person or entity. Be mindful that wrongful death arises from a negligent act or omission, to be differentiated from an intentional or willful act, which would constitute the crime of a wrongful death (be it murder or manslaughter).  Wrongful death accordingly is a civil wrong (not criminal) and a lawsuit for wrongful death is filed in the civil part of the supreme court in New York. Many wrongful deaths occur in tragic car accidents and in construction-site accidents.  Car Accidents; Truck Accidents; Pedestrian Accidents. A staggering number of people lose their life in fatal car accidents (including truck accidents [...]

Loss of Guidance in Wrongful Death

Loss of Guidance in Wrongful Death Appellate courts in New York have consistently held that a claim for wrongful death is limited to the economic value of the decedent to each distributee. This rule is straightforward enough when measuring the wages that a decedent would likely have earned had his accidental death never occurred. There is, however, more complexity to the true amount of damages recoverable and a thorough understanding of the law is necessary in order to obtain the maximum recovery. It's common sense that the loss of a loved one is much more than the loss of financial support and the courts in this state have recognized that a jury can and may place a number [...]

Compensation for Wrongful Death Claims

Compensation for Wrongful Death ClaimsThe EPTL defines a distributee as "a person entitled to take or share in the propery of a decedent under the statutes governing descent and distribution." In a case where the negligence of another has caused the death of your loved one, the general rule is that the decedent's next of kin is entitled to compensation for the economic harm caused by the wrongful death. Obviously, money can't turn back the clock, but it can make up for some of what your loved one would have provided for you had the accident never happened and it can bring some emotional closure knowing that at least someone was held responsible for what happened. When the case is [...]