How Much Is a Wrongful Death Lawsuit Worth?
Losing a loved one due to someone else’s negligence is devastating. While no amount of money can replace them, a wrongful death lawsuit can help provide financial security for surviving family members. In New York, the value of a wrongful death claim depends on several factors, including medical expenses, lost income, and emotional suffering. While there is no fixed amount for these cases, settlements or verdicts often reach significant sums based on the circumstances of the loss.
At Levitsky Law Firm PLLC, we understand the financial and emotional burdens families face after a wrongful death. Our firm is committed to fighting for the compensation you deserve.
Factors That Affect the Value of a Wrongful Death Claim
The compensation awarded in a wrongful death case depends on multiple factors, including:
- Medical and Funeral Expenses – Any medical treatments the victim received before passing, as well as funeral and burial costs, are included in the claim.
- Loss of Income and Benefits – If the deceased was a primary provider, their lost wages, future earning potential, and benefits (such as health insurance and pensions) play a significant role in the claim’s value.
- Pain and Suffering – In some cases, compensation may cover the pain and suffering experienced by the deceased before their passing.
- Loss of Support and Services – This includes the financial and emotional impact on surviving family members, such as loss of parental guidance for children or loss of companionship for a spouse.
A Brighton Beach personal injury lawyer can assess your case and determine the potential value of your claim based on these factors.
Who Can File a Wrongful Death Lawsuit in New York?
Under New York law, only a personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of surviving family members. Compensation is typically distributed to spouses, children, and dependents. Unlike some states, New York does not allow family members to sue for their own emotional distress resulting from the loss.
If you have questions about filing a wrongful death claim, a Brighton Beach injury lawyer can help guide you through the legal process.
How Long Do You Have to File a Wrongful Death Claim?
New York law imposes a strict deadline for filing a wrongful death lawsuit. Generally, the claim must be filed within two years from the date of death (N.Y. E.P.T.L. § 5-4.1). You may lose your right to pursue compensation if the lawsuit is not filed within this timeframe.
Certain exceptions may apply, such as cases involving medical malpractice or government entities, which may have shorter deadlines. It is essential to seek legal counsel as soon as possible. Our firm has successfully represented clients in wrongful death cases. Visit our Results page to see examples of our work.
The Critical Role of Legal Representation in Wrongful Death Claims
Wrongful death lawsuits involve complex legal procedures and require extensive evidence to prove negligence and damages. At Levitsky Law Firm PLLC, we assist clients by gathering crucial evidence, negotiating with insurance companies, and, if necessary, taking the case to court to secure the best possible outcome. Insurance companies often attempt to minimize payouts, but having strong legal representation can make a significant difference in the final compensation amount.
If you are seeking legal guidance after losing a loved one, read what our clients have to say by visiting our Testimonials page.
Seeking Justice After the Loss of a Loved One
At Levitsky Law Firm PLLC, we understand the emotional and financial toll that comes with losing a loved one due to negligence. A wrongful death claim can provide financial relief and hold the responsible party accountable. Whether you are struggling with medical bills, lost income, or other financial burdens, taking legal action can help secure the compensation your family deserves.
Our family lawyer in Brighton Beach can evaluate your case and guide you through the legal process with care and dedication. If you have lost a loved one due to negligence, do not wait to take legal action. Contact us today for a consultation.