What are wrongful death damages?

Wrongful death damages are the financial compensation that is awarded to the family of the deceased in a wrongful death lawsuit. This legal action is brought forth by the surviving family members when another party is found to be responsible for the death of their loved one. These damages are meant to provide financial support for the surviving family members and can be awarded for any economic support that would have been provided if the death had not occurred. In New York, wrongful death damages include both compensatory damages, such as those related to the loss of income, medical expenses, and funeral costs, and punitive damages, which are designed to punish the individual or entity responsible for the death. Compensatory damages are meant to reimburse the surviving family members for losses suffered as a result of the death and can be very high depending on the circumstances. Punitive damages are awarded in cases where it is determined that the negligence or recklessness of the defendant warranted an additional financial penalty beyond compensatory damages. The amount of wrongful death damages awarded to the surviving family of the deceased is dependent upon a variety of factors, such as the victim’s life expectancy at the time of death, their earning capacity and any pain and suffering suffered by the family due to their loss. Ultimately, wrongful death damages provide some financial security in an otherwise difficult time for the family of the victim.

Related FAQs

Can a wrongful death claim be filed if the deceased had a pre-existing condition?
Does the family of the deceased have a right to sue for loss of companionship in a wrongful death case?
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Can wrongful death claims be settled without litigating in court?
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