Category: Personal Injury
Are Damages Limited or Capped in Medical Malpractice Cases?
Some states limit the amount of compensation a medical malpractice victim can recover, but that is the case in New York. Therefore, it is up to a jury to decide how much compensation a victim of medical malpractice will receive. What are Damage Caps? Damage caps in medical malpractice cases typically restrict the amount of… read more
What Is Wrongful Death in New York?
When an individual unexpectedly passes away due to a preventable accident caused by another party’s negligence, it is generally considered a wrongful death. Wrongful Death Under New York Law By law (New York Estates, Powers, and Trusts Law EPT § 5-4.1), the loss of a loved one is considered wrongful if the following five elements… read more
Common Causes of Wrongful Death
The most common causes of wrongful death are preventable accidents or intentional violence that result in fatal injuries. The four most common types of wrongful death claims brought in New York include the following. Motor Vehicle Accident Wrongful Death Car accidents claimed the lives of 245 individuals in New York in 2021. More than 42,000… read more
How Much Can You Sue For a Wrongful Death Lawsuit?
How much the personal representative of a deceased person’s estate can sue for in a wrongful death lawsuit will vary case by case. There are various factors considered before a settlement is reached or a jury decides an award. Extent of Financial Losses The more extensive the financial and personal losses related to the loss… read more
What if a Victim Passes Away While Pursuing a Personal Injury Claim?
If a victim passes away due to their injuries with a New Rochelle personal injury lawsuit still pending, the personal representative of the deceased’s estate may continue the lawsuit on the victim’s behalf. Survival Actions and Wrongful Death Claims If a personal injury victim eventually passes away as a result of the at-fault party’s negligence,… read more