New York City Wrongful Death Attorney
When you have lost someone you love, no amount of money can make it right. But, the compensation you can receive through a wrongful death lawsuit can offset the financial hardships and take some of the uncertainty out of your future. It can also give you some measure of justice. If you are considering a wrongful death claim in New York, attorney Eric R. Bernstein is here to help. Please do not hesitate to call and schedule your free consultation.
Types of Wrongful Death Claims
Wrongful death claims arise in situations where a personal injury lawsuit would have been appropriate had the victim survived their injuries. Examples of the types of wrongful death claims we handle include:
- Auto accidents
- Pedestrian accidents
- Slip and fall
- Nursing home neglect
- Medical malpractice
- Defective drugs
- Defective medical devices
- Other defective products
New York Wrongful Death Beneficiaries
Each state has its own wrongful death laws including a law regarding who can recover compensation through a wrongful death claim. In New York, the following may be wrongful death beneficiaries:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other dependents under certain circumstances
- Estate of the deceased
Wrongful Death Damages
New York is one of the few states that lets you sue for your loved one’s pain and suffering, which is paid to the estate rather than directly to loved ones. Damages you may be able to recover for the loss of your loved one include:
- Your loved one’s future lost income
- Lost financial support
- Value of lost services, such as childcare or home maintenance
- Loss of companionship, consortium, love, moral support, guidance, and protection
- Punitive damages in some cases
Common Law Spouses in New York Wrongful Death
Common law marriage cannot be formed in New York, the practice was abolished in 1933. However, if you formed a legally binding common-law marriage in another state, New York will recognize it and you will be considered a spouse. You will have to prove that your common-law marriage met the requirements of the state in which it was formed. The Law Office of Eric R. Bernstein can help.
To learn more about wrongful death and your legal rights in New York, please call the Law Offices of Eric R. Bernstein, P.C., at (212) 683-1530 or contact us online today. We are here to help during this difficult time. Your initial consultation, and we only charge a fee if we win compensation for you.