The Value of a Wrongful Death Case
There is little argument that an accident causing wrongful death is the most difficult situation to deal with. The death of a loved one because of the negligence of another is a horrible and life-changing event. These types of cases arise in countless ways, but are often the result of a car accident, motorcycle accident, construction accident or a medical mistake. The experienced lawyers at Stephen Bilkis and Associates are here to help. Speak with a New York City wrongful death lawyer to learn about the value of a wrongful death case.
To prove a case of wrongful death 4 elements must be present:
Negligence: The surviving family member or representative must prove that their death was caused by the negligent actions of the defendant.
Breach of Duty: It must be proven that the defendant owed a duty to the plaintiff and this duty was breached by their negligent actions.
Causation: It must be shown that the negligence caused the injuries suffered by the plaintiff.
Damages: There must be damages, or losses, such as doctor and hospital bills and loss of income, for instance.
When a wrongful death occurs, a personal representative of the decedent's estate has the right to file a claim. This representative has standing pursuant to The New York Estates Powers and Trust Laws, Section 5-4.1.
Calculating the value of a wrongful death case is extremely complicated. To value a case, it is necessary to hypothesize what would have taken place in the future if that person had lived a full life. This would include factors such as:
- Their age
- Earning capacity
- State of health prior to the accident
- Age of any dependents
- The decedent's education and training
- Loss of benefits
If you have lost a loved one because of the negligence of another, you need to go to someone you can trust for answers and guidance. Contact the attorneys at Stephen Bilkis and Associate for a free consultation. Our New York City wrongful death lawyers have decades of experience handling personal injury cases and take pride in the results we have obtained for our clients. To date, we have received over one half billion dollars ($500,000,000) on behalf of our clients. Some of these case awards were the biggest of their time.The Value of a Wrongful Death Case
The value of a wrongful death case is made up of many different variables. Your lawyer will pay attention to the following:
Medical Expenses: In a wrongful death case, any medical expenses that were incurred because of the accident should be reimbursed. This would include all hospital and doctor bills, surgery bills, medications, etc.
Loss of Income: To arrive at a fair amount of compensation, a wrongful death lawyer familiar with New York City procedures and case law will need consider what your loved one would have made over their lifetime. They will also consider their age, as well as any raises, bonuses, and cost of living increases that would have taken place.
Pain and Suffering: This type of compensation is allowed in New York, but it is limited to their cognitive awareness between the victim's injury and their passing. Unfortunately, the surviving spouse cannot collect compensation for their own grief.
Insurance Considerations: Insurance policy limits play a big part in any recovery. If the policy limits are for example, one million dollars ($1,000,000) it will very challenging to recover an award for a higher amount.
With those things in mind, here are a few examples of similar wrongful death cases in New York City and around the U.S.:
- $24,000,000 Settlement: Victim killed by a car on hotel property.
- $35,000,000 Jury Verdict: Family awarded compensation for mother killed in car crash.
- $30,700,000 Jury Verdict: Family awarded compensation where small child drowned in a pond.
The lawyers at Stephen Bilkis and Associates understand that you and your family are grieving, experiencing a loss of income, and at the same time left with medical bills and other unexpected expenses. We are here to help. Speak to a wrongful death lawyer from one of our New York City locations. We have locations in Manhattan, Staten Island, the Bronx, Brooklyn Queens, as well as Nassau County, Suffolk County and Westchester County. Call us today at 800.696.9529.