If you lost a loved one in an accident caused by another party’s negligence, protecting your legal rights and finding justice after the fact may be an important aspect of your recovery process. Our New York City wrongful death attorneys at The Perecman Firm, P.L.L.C. answer some of our clients’ most common questions. If you would like to schedule a free case review with our firm, call us at (212) 577-9325.
A wrongful death claim is a claim filed by the survivors of an individual who has died due to another party’s negligence or misconduct.
Parents, spouses, and children of the deceased are eligible to file wrongful death claims, although minors may need an adult guardian to bring a lawsuit. In some cases, other family members or legal dependents may also have the right to file a wrongful death claim.
Unfortunately, the law in New York does not permit a person to recover for the emotional injury suffered from the death of a loved one, except in special situations in which a family member witnesses the serious injury or death of a loved one. In such cases, the family member who was within the “zone of danger” at the time of the accident may be able to recover damages for emotional distress.
The family members / dependents of victims may be able to recover for the pain and suffering the deceased endured before his or her death, as well as damages for economic loss. Recovery for “economic” losses is not limited to lost earnings. For example, loss of parental guidance and other services that had been provided by the decedent have an “economic” value that is compensable.
The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $300 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.