New York Wrongful Death Claims and Litigation
While the proof of liability against a negligent driver or other defendant is much the same in fatal accident cases as it is in injury cases, the damages issues are much different. So are the challenges faced by the surviving family. At Friedman, Hirschen & Miller, our lawyers are experienced with the resolution of fatal accident claims while supporting our client families through a painful transition. Contact us in Albany, New York, for a free consultation about your options in a difficult time.
Our law firm represents families who have lost a parent, spouse or child in a motor vehicle accident or other negligent circumstances. We can explain your legal right to compensation while serving as a general resource to help you through your loss. Our experience with the proof of liability and damages under the New York wrongful death statute can help ensure that your financial recovery will approach the greatest amount allowed under the facts and the law applicable to your claim.
Damages in fatal accident cases are narrowly defined under the law
In New York, the legal measure of damages in a wrongful death case is limited to pecuniary loss. In other words, you can recover for the economic losses resulting from the death of a family member, but not for the emotional pain of the loss as such. If this rule sounds harsh and insensitive, you're absolutely right. Our experience with fatal accident cases, however, allows us to prove economic losses within the limits of the law while protecting your family's dignity and the memory of your lost loved one.
Examples of the kinds of losses we can include in a New York wrongful death claim are the following:
- Loss of income
- Medical expenses prior to death
- Loss of the value of the person's companionship, guidance, nurturance or advice
- Loss of services
- Funeral and related expenses
Most of these will be disputed in settlement negotiations or at trial. For many of these damages elements, we use experts to develop and present highly credible value assessments that will help you get the most out of your claim.
At the same time, we keep the human dimensions of your loss squarely in focus. Wrongful death litigation can seem sterile and impersonal, and an insensitive lawyer can make the pain of your situation worse even while fighting for your rights. At Friedman, Hirschen & Miller, our experience with fatal accident cases helps us present your case respectfully and compassionately.
To learn more about our approach to client service and experience with New York wrongful death litigation, contact one of our attorneys in Albany.
