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There is, perhaps, no more significant loss than that of life. When a family member or loved one dies as the result of negligence, it can be difficult to know what to do. Seeking justice and the compensation that the law provides will not bring back the loved one or remove that survivor’s sense of grief. It can, however, be of comfort to know that the negligent person or company is being held accountable for the devastating loss it has caused. The legal right to compensation can also help surviving family members who are burdened by funeral expenses, lost wages, and other financial losses as the result of the wrongful death.

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For decades, New Yorkers have trusted the experienced attorneys at Russo Law to protect their legal rights after the devastating loss of a wrongful death. Our attorneys offer more access than many other law firms. We make ourselves available to answer questions by phone or email or in person. We take the time to be certain you understand the legal process and are comfortable with what will happen. By getting to know you and your story, we are better able to present your case to an insurance company and jury. This exceptional service has offered many New York families some small measure of comfort during the most difficult experience they will face. Call (917) 675-6553 today to learn what Russo Law can do for you.

What Types of Negligence Can Result in Wrongful Death?

Almost every personal injury carries the possibility of resulting in wrongful death. Cases from all different areas of personal injury law can become wrongful death cases if the injuries are serious. These include:

  • Slip and fall accidents (especially in elderly victims who are more prone to complications)
  • Workplace accidents
  • Auto accidents
  • Medical malpractice (including surgeons, pharmacists, dentists, and other medical professionals)
  • Dog bites
  • Assault and battery
  • Products liability (such as a defective vehicle that causes an auto accident)

Negligence can be committed by an individual (such as a careless driver) or a company (such as a pharmaceutical company that sells a dangerous drug to the public). When negligence results in a wrongful death, there are many types of economic and non-economic losses incurred by the victim, surviving family members, and the victim’s estate. The negligent defendant has a legal obligation to fully compensate all of these losses.

What Are the Types of Compensable Losses in a Wrongful Death Suit?

A single wrongful death case can result in millions of dollars of losses. This is because there is such a wide variety of losses caused by a wrongful death, such as:

  • Medical expenses prior to the death
  • Lost wages the victim could have earned had he or she lived
  • The value of other benefits the victim would have earned (such as health insurance or a pension plan)
  • A spouse’s loss of companionship, love, affection, and other pleasures of the marital relationship
  • A child’s loss of parental guidance and love
  • Property damage (such as a totaled vehicle or burned building)
  • Psychological damage suffered by the survivors
  • The victim’s funeral and burial expenses

These financial losses or “damages” can be classified as economic and non-economic. Economic damages are those with a determinable monetary value. Examples include medical expenses, funeral costs, and lost wages. Non-economic damages are those intangible damages of uncertain value. These include pain and suffering, loss of love and companionship, mental anguish, and the like.

In some cases, punitive damages are also available. Punitive damages are those beyond the actual financial and emotional losses suffered by the wrongful death victim and survivors. They are awarded for the sole purpose of punishing the defendant for especially egregious conduct. The purpose of punitive damages is to deter other defendants from committing similar negligence in the future.

Why it is Important to Have an Experienced Attorney Handle Your Wrongful Death Claim

As you can see, many of the losses suffered by survivors are difficult to monetize. How does one place a value upon the loss of a parent’s guidance, love, and support? How can the law possibly compensate that child for the empty chair at his or her graduation, wedding, and other important life events? Sadly, no amount of compensation will right this wrong. But by seeking justice in the courts and holding negligent defendants accountable to some degree, many survivors find a small measure of comfort.

Intangible losses (such as love and companionship, or mental anguish and suffering) give insurance companies the opportunity to lowball your claim. They often have rote, impersonal formulas to coldly calculate the value of the loss of a life. These formulas do not take into account a particular family’s suffering or the nature of your specific losses. This is why it is so important to be represented by an experienced wrongful death attorney who can effectively present your claim to a jury.

When insurance companies fail to make fair settlement offers, it is often up to juries to make fair determinations of compensation. An experienced attorney will know what evidence to present and the most effective arguments to make. The attorney may even be able to present these arguments to the insurance company in order to elicit a fair settlement offer without the need for trial. But if not, it is critically important to know that your attorney has experience working with juries and persuading them of the merits of a client’s claim.

Aggressively Protecting the Rights of Loved Ones in New York City

An unexpected death is devastating for all the family members, friends and loved ones who are left behind. But a wrongful death caused by the negligence of a person or business leaves the devastated loved ones with the added burden of injustice. At Russo Law, our seasoned attorneys have decades of experience litigating all types of wrongful death claims throughout New York.
They understand the importance of seeking justice in the civil court system. They make themselves available to clients, and explain the legal process at every step of the way. Call (917) 675-6553 to learn how we can help.

We'll fight for you while you focus on your health

Let Russo Law fight to get you the results you deserve.

Message submitted

Thank you for contacting Russo Law. We've received your request and will be in touch shortly. For urgent matters, please contact our office directly at (917) 675-6553.