What is wrongful death law?

Wrongful death law is a specialized area of civil law that deals with the situation when a person’s death was caused by the negligent or intentional act of another person or entity. Wrongful death laws are in place to provide compensation to the deceased’s family for the losses they have incurred as a result of the death. In New York, a wrongful death claim is a legal action that is typically brought by family members or the estate of a deceased person who has lost his or her life due to the negligence or recklessness of another. These claims typically seek damages such as lost wages, funeral and medical expenses, and other expenses related to the estate of the deceased. In most cases, the claims are brought against an individual or an organization that is responsible for the death of the deceased. The damages awarded in a wrongful death lawsuit will vary depending on the type of negligence or recklessness that resulted in the death. In addition to recovering damages from the party that caused the death, a wrongful death lawsuit may also allow for the recovery of punitive damages, which are meant to punish the wrongdoer and deter them from similar behavior in the future. Additionally, under the New York wrongful death statute, the family of the deceased may be able to recover damages for their own mental anguish and emotional suffering. As wrongful death cases are highly complex and technical, it is important to hire an experienced attorney handling such cases to ensure the most favorable outcome.

Related FAQs

What is wrongful death by negligence?
Are the costs of legal representation in a wrongful death lawsuit recoverable?
Is a wrongful death claim different from a survivorship claim?
What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?
Are wrongful death damages different from compensatory damages?
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May the deceased person's estate file a wrongful death claim?
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Is expert testimony required to prove a wrongful death claim?
Are punitive damages awarded in a wrongful death lawsuit?

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