If someone is injured as a result of negligence and dies as a result of those injuries, the Administrator or Executor of the Estate may bring a claim for wrongful death. The claim is brought on behalf of those family members who would be entitled to inherit from the Estate. New York law allows a recovery for the economic loss that is incurred as a result of the death as well as a recovery for the conscious pain and suffering experienced by the deceased.
When determining the amount of damages to award to the Estate, a jury may consider the character, habits and ability of the deceased, the services the deceased would have performed, the portion of the deceased’s earnings that would have been spent to care for and support the family, and the intellectual, moral and physical training, guidance and assistance that the deceased would have given any children.
If you need assistance with making a claim for nursing home negligence wrongful death, please do not hesitate to contact the law office of Martin, Harding & Mazzotti, LLP, The Heavy Hitters® at 1800LAW1010 (1-800-529-1010).
We have the experience to assist you through this difficult time.