Who Can Sue for the Wrongful Death of a Child in New York

No words accurately convey the pain parents face after losing a child. To hold the negligent party responsible for a child’s death, parents must work with a personal representative—also known as an executor—to file a wrongful death claim. 

Unlike many other states, New York does not allow family members to file a wrongful death claim on another’s behalf unless they are also appointed as the deceased’s personal representative. When starting the wrongful death claim process, speak with the Law Office of Cohen & Jaffe to learn more about the specifics of your situation.

Types of Eligible Compensation Under a Wrongful Death Claim in New York

While no amount of monetary compensation could ever amount to the loss of a child, your family is entitled to justice and financial assistance for your losses. Under New York’s current legislation, the following damages are eligible for compensation from the responsible party under a successful wrongful death claim:

• Medical expenses prior to the individual’s passing, including:
  • Emergency transportation
  • Surgical fees
  • Medications
  • Nursing and attention
• Funeral expenses:
  • Fees for basic services
  • Cremation fees
  • Transfer of the deceased to the funeral home
• Other economic damages

New York is one of the few states that does not compensate family members for the non-economic damages they suffer after a wrongful death. New York’s legislature is currently pushing forward with the amended Grieving Families Act, which hopes to provide individuals with the proper compensation for the grief, loss, and emotional toll individuals suffer after the death of their loved one. Some of the examples of damages they are looking to push through include the following:

• Grief or anguish caused by the deceased’s death and for any disorder caused by such grief or anguish
• Loss of love, society, protection, comfort, companionship, and consortium resulting from the deceased’s death
• Pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the deceased’s death
• Loss of nurture, guidance, counsel, advice, training, and education resulting from the deceased’s death

Every wrongful death claim is unique and requires a thorough evaluation from a professional attorney. You may be entitled to other damages depending on the case’s specific circumstances. Before making any decisions or agreeing to a fast, lowball settlement, speak with our Law Office of Cohen & Jaffe team. We can provide accurate information on your entitled total compensation and the legal process.

Why Choose The Law Office of Cohen & Jaffe?

The Law Office of Cohen & Jaffe is founded on a fundamental belief in making a positive difference in the lives of New York residents. Our core values revolve around providing personalized legal services to our clients and actively engaging with the community. More than just a law firm, we see ourselves as a tight-knit family committed to providing steadfast support and authentic advocacy for those who have been impacted by the actions of others.

Throughout the wrongful death process, your attorney will provide invaluable assistance and support. We are prepared to fight fiercely to defend your loved one and will do whatever it takes to receive the justice your family deserves. Working with a skilled wrongful death lawyer significantly enhances your chances of achieving the desired outcome.

Speak With an Experienced Wrongful Death Lawyer at the Law Office of Cohen & Jaffe

When a person’s life is cut short due to the negligence of another party, it leaves a deep and painful impact on the hearts of those who loved them. During these difficult times, having the support and guidance of compassionate professionals, such as the wrongful death lawyers at the Law Office of Cohen & Jaffe, can be invaluable in seeking justice, recovering compensation, and finding some measure of closure.

If you want to learn more about New York legal processes and our firm, please visit our Cohen & Jaffe YouTube Channel. We also encourage you to schedule a free consultation with one of our attorneys by calling 516-358-6900 or completing our contact form today.

For a free legal consultation, call 516-358-6900