The worth of a wrongful death lawsuit depends on the specific financial, emotional, and practical losses experienced by the surviving family. Every case is different, and the total value depends on the circumstances of the death, the decedent’s income and life expectancy, and the non-economic effects on surviving loved ones.
Families often turn to a Long Island wrongful death lawyer when they need help calculating damages and handling the legal system. In these cases, time is limited, emotions run high, and financial pressure can mount quickly.
While no amount of money can replace the person you lost, a successful claim can bring financial stability and a sense of justice for what happened.
How We Evaluate Wrongful Death Claims
At Levine And Wiss, we understand that wrongful death cases are more than numbers. These cases are about lives cut short, families upended, and futures changed forever. We approach every family’s situation with compassion and precision, focusing on securing maximum compensation for those left behind.
Our process begins by identifying every possible category of compensation available under New York Estates, Powers & Trusts Law § 5-4, which governs wrongful death claims. This law allows a personal representative of the deceased’s estate to bring an action on behalf of surviving relatives. From there, we gather detailed evidence to determine the full value of your claim.
Economic vs. Non-Economic Damages
Wrongful death compensation in New York is split into two primary categories: economic damages and non-economic damages.
Economic Damages
Economic damages are typically easier to quantify because they are based on actual financial losses. These may include:
- Medical expenses: Any costs for treatment between the time of injury and death
- Funeral and burial costs: Immediate expenses following the loss
- Lost income and benefits: Wages and benefits the deceased would have provided over their lifetime
- Loss of services: The value of household support or childcare that the person used to provide
We often work with financial experts and economists to calculate these values. We factor in the deceased’s age, earning history, career path, and contributions to their family’s daily life. When necessary, we also include pension losses or projected career advancement to ensure nothing is left out.
Non-Economic Damages
While New York does not allow for traditional pain and suffering damages in wrongful death cases, families may still seek compensation for:
- The conscious pain and suffering of the deceased before they passed (if applicable)
- Loss of parental guidance and support for minor children
- Loss of companionship in certain cases involving specific types of emotional or social loss, particularly through survival actions filed in tandem with the wrongful death claim
These damages can be more challenging to value, but they are often the most emotionally significant part of the case. We make sure the court understands who your loved one was, not just what they earned.
Factors That Can Increase a Wrongful Death Settlement
No two wrongful death cases are alike. However, some factors can lead to higher compensation, including:
- The age and health of the deceased: Younger individuals with longer life expectancies typically result in higher economic damages.
- The number of dependents: More financial dependents often increase the value of the claim.
- Clear liability: When fault is obvious and undeniable, insurance companies are more likely to settle at a higher amount.
- Aggravating circumstances: Situations involving reckless behavior, gross negligence, or criminal activity may strengthen the case and increase leverage during negotiations.
At Levine And Wiss, we pursue every angle to ensure the case reflects the full scope of your loss. We build strong evidence files, use expert testimony, and prepare every case as if it will go to trial.
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How Insurance Policy Limits Affect Compensation
One major factor in wrongful death cases is the available insurance coverage. Even if the damages justify a multimillion-dollar verdict, the reality is that most settlements are capped by the at-fault party’s insurance policy. That’s why we investigate whether multiple policies may apply, such as employer liability coverage, commercial vehicle insurance, or umbrella policies.
We also explore the possibility of third-party liability, especially in cases involving construction accidents or commercial premises, where multiple parties may share responsibility for the loss.
What Is the Time Limit for Filing?
In most cases, wrongful death lawsuits in New York must be filed within two years of the date of the death. This deadline is set by New York Estates, Powers & Trusts Law § 5-4.1, and missing it can mean losing the right to file altogether.
However, some cases have exceptions, especially if the case involves a municipality, a delayed discovery of the cause of death, or a criminal proceeding. We recommend speaking with an attorney as early as possible to preserve your rights and gather critical evidence.
How We Help Families Move Forward
At Levine And Wiss, we know you’re dealing with more than just a legal issue; you’re facing the sudden loss of someone irreplaceable. That’s why we offer:
- Free consultations with no obligation for those who can file a wrongful death lawsuit in New York.
- Contingency-based representation, which means you don’t pay unless we recover compensation
- 24/7 availability and direct communication with your attorney.
- Virtual or in-person meetings, including hospital or home visits
- In-house investigators and expert witnesses to build the strongest case possible
Our team brings over 100 years of combined experience to the table, and we’ve helped thousands of families secure the justice they deserve. While we can’t undo what happened, we can help you pursue financial stability and hold the responsible party accountable.
Contact Our Long Island Wrongful Death Attorneys Today
If you’re wondering how much a wrongful death lawsuit is worth, the best way to get a real answer is to speak directly with a lawyer who has handled these cases before. At Levine And Wiss, we offer personalized guidance, an aggressive litigation style, and the compassion your family needs during this time.
Let us help you take the next step forward. Contact us today to speak with a wrongful death attorney on Long Island and find out what your case may be worth.
