How Wrongful Death Settlements Are Calculated in NY

Losing a loved one can be devastating. While the wrongful death law allows affected New Yorkers to bring a claim or lawsuit to recover monetary damages, insurance companies often deploy dirty tactics to reduce or deny payouts. This makes it incredibly important for grieving family members to know how wrongful death settlements are calculated so that they can receive the full compensation they deserve.

Understanding the factors influencing wrongful death payouts can help plaintiffs build a strong case and counter unfair insurance tactics. All of this may sound daunting, but don't worry, as The Law Office of Carl Maltese is here to help affected New Yorkers. We have been assisting grieving families in making financial recoveries since 1966, enabling them to move on with their lives following the death of their loved ones.

Those who have lost someone near and dear to them due to the negligence of others in Long Island, New York, should reach out to us to discuss their case and circumnavigate the intricacies of this legal system to ensure swift justice and secure fair compensation!

Understanding Wrongful Death Settlements in New York

A wrongful death refers to the passing of a person caused by another's negligence. When that happens, under the personal injury law in New York, affected family members may be able to seek compensation for the loss of their loved ones by filing a wrongful death claim or lawsuit.

During the legal process, the plaintiffs can pursue the case in court or settle matters amicably between the involved parties. A wrongful death settlement is an agreement that serves as a means of redress. It allows the affected party to recover damages quicker than if they were to bring a civil lawsuit.

Once the surviving family members agree to settle the case, they forego their right to pursue further compensation through court. A skilled wrongful death lawyer can review the claim or lawsuit details to determine the best possible action for grieving plaintiffs. They can provide insight on how workplace accident settlements are calculated in NY as well.

What Are the Damages Surviving Family Members Can Recover in New York Wrongful Death Cases?

Under Estates, Powers & Trusts Law (EPTL) § 5-4.1 – 5-4.6, affected family members may be able to recover a wide range of damages following the death of their loved one. These include the following:

Medical Expenses

Experiencing the death of a close family member is a tragedy that most people struggle to overcome, and the financial burden of medical expenses incurred for their fatal injuries can be overwhelming for the surviving family.

Fortunately, plaintiffs can seek compensation for these damages by pursuing a wrongful death lawsuit or claim.

Funeral and Burial Expenses

Grieving the loss of a loved one is natural, but many families also face the burden of arranging a funeral and covering burial expenses. Since this sudden financial strain can significantly impact a family's standard of living, New York's wrongful death law allows surviving family members to recover funeral, burial, and cremation costs.

Lost Income

If the deceased financially supported dependents before their passing, the law allows eligible individuals to recover lost wages and compensation for loss of earning potential.

Other Damages

The damages in a wrongful death claim or lawsuit vary from one case to another. Besides those mentioned above, eligible family members may also be able to recover the following:

• Loss of financial support

• Loss of inheritance

• Loss of parental guidance

• The pain and suffering endured by the deceased prior to their death

  
  

Who Can File New York Wrongful Death Lawsuits?

Not everyone in New York has the right to pursue wrongful death cases. Under the law, the deceased's children, parents, spouse, or the personal representative of the decedent's estate may be able to recover compensation for the death of their loved one.

It's essential to note that brothers, sisters, or cousins of the deceased may not be able to bring a wrongful death action unless they're named as the guardian or personal representative. Experienced wrongful death attorneys can assess the facts surrounding the case to help determine eligibility. For more information, a Long Island wrongful death lawyer may be able to help.

How Wrongful Death Settlements Are Calculated in NY

When an eligible individual chooses to settle a wrongful death claim, they must calculate all incurred damages to determine a fair settlement amount. While medical expenses and funeral costs are relatively straightforward, plaintiffs must also consider other factors to ensure an accurate estimate of their losses.

Life expectancy is one of the most crucial factors insurers consider when determining damages. Here are two scenarios that illustrate how this crucial element impacts compensation:

John, a young professional, was thriving in his career before his life was tragically cut short by a reckless driver. He left behind a spouse and children. The same accident also took the life of Abraham, a retired teacher.

Although both John and Abraham were victims of this tragedy, John's surviving family is likely to receive greater compensation, as he had many more years of potential earnings and financial contributions ahead of him.

Life expectancy not only helps determine the value of a wrongful death case but also assists the court in understanding the financial and personal impact on the surviving family members.

Another key factor that can impact wrongful death settlements is the severity of the injuries sustained by the decedent. If a medical expert can evaluate the pain and suffering the deceased endured before their passing, they may provide testimony supporting the surviving family's claim for greater compensation.

Although discussing these details can be difficult for plaintiffs, working with skilled wrongful death attorneys is essential to accurately assess the value of their case and pursue a fair settlement.

How Are Wrongful Death Settlements Paid?

Two types of arrangements may be available to the grieving families, and these are as follows:

A Lump Sum Payment

Sometimes, surviving family members may need immediate access to funds to cover the unexpected expenses arising from the death of their loved one.

In wrongful death cases, affected parties can seek a lump sum payment to pay for medical bills, debt repayment, or living costs. However, the plaintiffs cannot ask for more later on down the road after signing the settlement agreement.

While a lump sum payment can benefit those needing money urgently, sudden access to funds can lead to impulsive spending or bad financial decisions.

A Structured Settlement

If the surviving family members are young, they may want to consider a structured settlement, where payments are made over time rather than as a lump sum. The insurance company transfers funds according to mutually agreed terms and conditions, with the money managed by third-party trustees to ensure financial security and prevent irresponsible spending.

An insurer may also prefer a structured settlement and request such an arrangement, as it reduces the short-term financial burden associated with lump-sum payments.

How Long Do Surviving Family Members Have to File New York Wrongful Death Claims or Lawsuits?

After losing a loved one, most people focus on mourning their loss, and filing a claim or lawsuit may be the last thing on their minds. However, the sudden financial burden can add to their distress. Bringing a wrongful death claim is crucial to covering unexpected expenses and maintaining financial stability.

While it's entirely understandable to grieve, acting quickly is also important, as surviving family members may have limited time to bring civil action.

According to the statute of limitations, affected New Yorkers have two years from the date of the decedent's death to file a wrongful death claim or lawsuit. Failure to do so within the given time can bar them from seeking compensation.

What Is the Average New York Wrongful Death Settlement?

When a wrongful death occurs, grieving family members can either settle the case or take matters to court. Knowing the average settlement for such claims or lawsuits can help plaintiffs decide the path to choose to ensure the best legal outcome.

That said, most wrongful death cases are settled outside of court. This means that payouts are confidential, making it challenging to calculate the average settlement for such claims or lawsuits.

Fortunately, an experienced personal injury attorney knows the various factors that affect the value of a case, enabling them to make an accurate estimate.

Can Plaintiffs Recover Pain and Suffering Damages in a New York Wrongful Death Suit?

Typically, in a personal injury claim or lawsuit, plaintiffs can seek pain and suffering damages if they've suffered emotional distress or a traumatic ordeal following an adverse situation or accident. However, these are not available to the affected parties in a wrongful death case.

Grieving family members cannot seek pain and suffering for the grief they experience after the passing of their loved ones. That said, if plaintiffs can prove that the decedent experienced pain and suffering damages prior to their death, they may be able to make a greater financial recovery.

Grieving New Yorkers Should Work with The Law Office of Carl Maltese to Maximize Wrongful Death Damages!

Navigating a wrongful death lawsuit or claim can be incredibly challenging. Even if you file a civil action, you will have to contend with the insurance company and its adjusters, who will do everything possible to reduce or deny payouts. Fortunately, you can rely on The Law Office of Carl Maltese to handle your case.

If you have lost a loved one in Long Island, New York, call to schedule a free consultation with an experienced wrongful death lawyer to discuss your claim and learn more about your legal rights!