The New York Constitution’s Estate Powers and Trust Law (EPTL) make up the law of wrongful death in the state. Under the law, a representative of the estate a decedent could sue for damages on behalf of the individuals who are entitled to recover.

To determine damages applicable to a wrongful death claim in New York, you have to divide it between an action for conscious suffering and pain and a wrongful death’s constitutional cause of action.

Wrongful Death

While the majority of states allow families to recover significant damages based on emotional grief for losing a loved one, New York does not. The damages that a family member could recover from pain and suffering is only for the individual who passed away.

However, the law allows recovery of damages for financial loss or pecuniary injuries, including lost earnings, social security benefits, and pension, as well as medical and funeral expenses. While children can’t recover for pain and suffering from a parent’s loss, personal injury lawyers in Brooklyn, NY says that they could recover damages for losing parental guidance. This law applies to adult children, too.

Conscious Pain and Suffering

In general, the estimate of compensation is the same for compensatory damages an individual could recover in a typical personal injury claim. This includes past and future pain and suffering, as well as for losing the enjoyment of living. In addition, there are no maximum amounts or limitations that could be recovered for pain and suffering.

Filing a wrongful death claim in New York may be challenging, but you can do it successfully — with the right kind of help. Your best recourse is to seek help from a personal injury attorney with experience in wrongful death lawsuits to discuss the circumstances of your case and learn more about your options.