The following article was written by Mr. Gelber and appeared in Western New York-area newspapers.
Typically, wrongful death claims allege, as their basis, that the decedent was killed as a result of negligence of another person or company. The decedent’s surviving spouse, children, beneficiaries and/or dependents are the ones who then have the legal right to bring lawsuit against the party who accused the wrongful death for their pecuniary losses. Although they are able to seek monetary damages to compensate them, recovery is limited.
In addition, the decedent’s estate has a legal right to recover damages for the decedent’s pain and suffering before his death, including any pre-impact terror and fear of impending doom, and for the medical, funeral and burial expenses incurred.
Proof of the decedent’s pain and suffering is more difficult since he or she is no longer here as a witness. The method of calculating damages in a wrongful death action can also be complicated. There are statutes and regulations which must be considered. Life and work expectancy charts must be analyzed to determine the pecuniary losses suffered by the survivors.
In addition, a defendant is entitled to raise any defenses against the decedent’s estate that he would have against the decedent at the time of his or her death. Thus, if the decedent was comparatively negligent in causing his or her own death, the defense would still be valid against the estate.
My law firm has had great success in handling wrongful death actions and is available to explain your rights and the rights of your family if you should encounter and unfortunate circumstance leading to the death of a loved one. Call us at (716) 568-7039 for a free consultation.
Our office is located at 6512 Main Street in Buffalo, New York.
