What types of damages can be awarded in a wrongful death suit?
In New York, wrongful death suits are a type of civil action that is filed when someone is killed due to another person or party’s negligence or wrongful act. In a wrongful death suit, survivors of the deceased person may be eligible for compensation for the death of the deceased. The damages a survivor can receive in a wrongful death lawsuit depend on the facts of the case and the relationship of the survivor to the deceased. Generally, damages in a wrongful death lawsuit include: • Funeral and burial expenses • Loss of income and benefits that the deceased would have earned if they had not died • Loss of consortium or companionship for a spouse or child of the deceased • Medical expenses from the injury that led to the death • Pain and suffering of the deceased • Mental anguish and emotional distress of the survivors In cases involving intentional harm or negligence, the court may also award punitive damages, which are intended to punish the party responsible. However, these types of damages are more difficult to prove and must meet a higher burden of proof. In short, damages in a wrongful death suit can vary greatly depending on the facts of each case. Typically, those damages include funeral and burial costs, lost income, pain and suffering, mental anguish, and possibly punitive damages.
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