Peekskill, NY asked in Wrongful Death for New York

Q: What are the elements of damage in a New York wrongful death case?

Related Topics:
1 Lawyer Answer
Mark A. Siesel
Mark A. Siesel PRO label
  • White Plains, NY
  • Licensed in New York

A: In a wrongful death case in New York, the family members of the deceased can sue for pecuniary loss, or the loss of the financial contributions that the deceased was contributing by way of salary, pension, future earnings potential and benefits. Additionally, there can be a claim for loss of parental guidance by a child for the loss of his or her parent. However, New York law does not permit damages to be awarded for the emotional and psychological damage from losing a family member, and the pain, suffering and injuries that led to the death are not compensible, as they ended with the death of the person in the accident. If the plaintiff parent, child or sibling of the deceased can prove that the deceased suffered before dying (i.e, that death wasn't instantaneous) there can be an award for pain and suffering to the estate of the deceased as well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.