Losing a loved one is always a traumatic experience, but when their death is caused by someone else’s negligence, it can be even more devastating. In New York, families can pursue a wrongful death lawsuit to seek compensation for their loss. At the Law Offices of John E. Gray, we assist the New York public with personal injury matters, including wrongful death claims. Understanding how compensation is calculated in these cases can help families seek the justice and financial relief they deserve.

Types of Compensation in a Wrongful Death Case

In New York, compensation in a wrongful death lawsuit is meant to provide financial relief to the surviving family members for the losses they’ve experienced. However, New York law focuses primarily on the economic losses sustained by the deceased's estate and beneficiaries. This includes both direct financial losses and certain non-economic impacts related to those losses.

1. Economic Damages

Economic damages are measurable financial losses resulting from the death. These damages are typically easier to calculate because they are based on concrete financial factors. They may include:

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  Funeral and burial expenses: The cost of laying the deceased to rest is recoverable in a wrongful death lawsuit.
• Medical expenses: Any medical bills incurred due to the injury that caused the death can be claimed, including emergency care and hospital expenses.
• Loss of income and benefits: Compensation is provided for the income and benefits the deceased would have provided had they lived, including future earnings, pensions, and health benefits. This is calculated based on the deceased’s earning potential, their age, and their overall health before death.
• Loss of support and services: This covers the value of household services and contributions the deceased would have provided, such as child care, home maintenance, or transportation.

2. Non-Economic Damages Related to Financial Loss

Unlike some other states, New York does not allow for compensation for non-economic damages such as grief or emotional pain and suffering. However, non-economic losses that can be tied to financial impact may be considered, such as:

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  Loss of parental guidance: If the deceased was a parent, compensation can be awarded for the loss of the nurturing, guidance, and support they would have provided to their children.
• Loss of companionship: While emotional loss itself is not compensated, loss of companionship and services related to maintaining the household or family structure may be included as part of the financial impact.

Factors That Affect Compensation

Several factors can influence how compensation is calculated in a wrongful death lawsuit in New York. These include:

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  The age and health of the deceased: Younger individuals or those in good health at the time of their death may be awarded higher compensation due to their expected future contributions.
• The deceased’s income and earning potential: The income level and career prospects of the deceased play a significant role in calculating lost wages and benefits.
• The relationship to the deceased: Surviving spouses, children, and parents are typically entitled to claim compensation. The extent of the relationship can affect the amount of damages awarded.
• Contributory negligence: If the deceased was partially at fault for the incident leading to their death, the compensation awarded may be reduced accordingly.

How the Law Offices of John E. Gray Can Help

Pursuing a wrongful death claim in New York can be a complicated process, especially when calculating the proper amount of compensation. At the Law Offices of John E. Gray, we work with financial experts to determine the economic impact of your loved one’s death and seek maximum compensation for your family’s loss. Our team is dedicated to ensuring that your family’s future is protected, and that justice is served.

If you have lost a loved one due to someone else’s negligence, contact the Law Offices of John E. Gray today to learn how we can assist you with your wrongful death lawsuit in New York.