If you have lost a loved one due to the negligent or careless actions of another person, you can file a claim against the at-fault party to recover financial compensation. It is natural to have many questions when filing a wrongful death claim. One of your main concerns is likely how much your claim is worth. Although no one can determine just how much your claim is worth without fully reviewing the facts of your case, there are some guidelines you can follow. There are also some specific laws you should know that will affect your claim.
Damages Available in a Wrongful Death Lawsuit
A wrongful death claim allows you to pursue financial compensation for any injury or loss your loved one sustained during the accident that resulted in their passing. Wrongful death claims can include a number of different types ofdamages, but there are some that are more common than others. These include:
- Medical expenses
- Pain and suffering your loved one endured
- Loss of income
- Future earning capacity
- Funeral and burial expenses
Calculating the above damages for your loved one is not always easy. For example, to determine the full amount of damages for loss of future earning capacity, many factors must be considered. These include the age, life expectancy, and health of the deceased. It is also difficult to accurately assign a dollar value for the pain and suffering endured by the deceased before they succumbed to their injuries. A Rochester wrongful death lawyer can properly calculate these damages so your family recovers the full compensation you deserve.
Special Laws on Damages Available in Wrongful Death Claims
The law on wrongful death in New York is sometimes slightly different than the laws that govern these cases in other states. When it comes to damages specifically, there are two laws that are important to know. These are as follows:
- No cap on damages for pain and suffering: New York is among a handful of states that do not place a cap, or limit, on the amount of pain and suffering damages that can be recovered in a single case. While other states place a cap on these damages to keep sympathetic juries from awarding too much, in Rochester and throughout New York, you can claim the full compensation your family deserves.
- Mental anguish: Unfortunately, loved ones of the deceased cannot file a claim for their own mental anguish felt after the death. Although the pain and suffering of the deceased can be included in a claim, that trauma does not extend to loved ones.
Our Wrongful Death Lawyer in Rochester Can Help You Claim Full Damages
You could be entitled to file a wrongful death claim after losing a loved one due to someone else’s negligence. These claims are never easy to file, though. At Powers & Santola, LLP, ourRochester wrongful death lawyer can accurately value your claim and will hold the responsible party liable for paying the full compensation your family deserves.