What Damages Are Available?
In a wrongful death claim, there are three categories of damages that may be available:
- Economic damages include damages that you can easily attach a number to. For example, health care expenses prior to death, property losses, lost earnings, and funeral expenses are types of economic losses. When someone loses earnings and property or incurs an expense that is easily put into numbers, they are considered economic damages.
- Non-economic damages include losses and damages that are much harder to put a number on. These include loss of consortium and the loss of services that the deceased provided to their loved ones. They also include the loss of care, guidance, and support that loved ones provide. Even when loved ones do not have income from a job, they can provide invaluable care and comfort to those they love. Non-economic damages attempt to compensate the deceased’s loved ones and family for the accident.
- Punitive damages are damages that are intended to punish defendants and deter others from following their example. In New York, punitive damages are only available in rare cases where the conduct of the defendant was exceptionally bad or malicious. A lawyer can help you review your case and determine whether punitive damages may be available.
How Long Do You Have to Bring a Wrongful Death Action?
In New York, you have two years from the time of the death to bring a claim for wrongful death. Known as a statute of limitations, this time limit is strictly enforced. Two years may seem like a long time, but between investigation and negotiation, it can go by fast. If you need to bring a wrongful death claim, it’s important to begin the process as soon as possible.
For a free legal consultation with a Personal Injury lawyer serving Long Island, call 516-358-6900
Your wrongful death lawyer will need to investigate the claim, preserve evidence, prepare legal paperwork, and negotiate with the parties that were responsible. It is detailed and time-consuming work that must be done correctly from the start. Don’t wait to bring a wrongful death claim, speak with a lawyer, and act today.
How Can a Long Island Wrongful Death Lawyer Help?
Wrongful death claims can be overwhelming. They require careful investigation of the cause and circumstances of the death. They also require skilled negotiation and, in some cases, aggressive action in court. A lawyer can help you: