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WRONGFUL Death New York Lawyers


Wrongful death is a claim against an individual who is liable for a death. The claim is filed by a personal injury attorney on behalf of surviving family members, usually by close relatives.

You will need to hire an attorney who is compassionate to your family’s emotional state over the loss of your loved one who can elevate your stress through the lawsuit process. Ajlouny Injury Law, New York wrongful death lawyers understand the pain and suffering you are going through.

Any catastrophic accident resulting in death can take a physical and mental toll on surviving family members. Ajlouny Injury Law will be responsible for perusing just compensation for your loss to you and your family can take the time to grieve your loss in peace.

Ajlouny Injury Law, New York Personal Injury Attorneys, helps people with their car crash, car accident, wrongful death legal needs. Construction crane collapses, defective ladders, hits-to-the-head causing brain injury are reason to file an accidental death lawsuit.

No amount of money from filing a lawsuit can bring a loved one back. However, a financial settlement will help a grieving family recover from a devastating tragedy.

Wrongful death claims seek damages for:

  • future earnings
  • medical expenses
  • funeral and burial costs
  • loss of companionship
  • pain and suffering

Common Wrongful Death Accidents

  • Motor vehicle accident
  • Pedestrian accident
  • Medical malpractice
  • Workplace accidents
Any family that has lost a loved one, also have lost support and companionship. They will be facing unpaid medical bills, and funeral costs. All they will have left is the pain and suffering over their loss. New York wrongful death lawyer Paul Ajlouny & Neil Flynn at Ajloiuny Injury Law cares about your family and will fight to seek  justice for your loss.

New York State Wrongful Death Statute:

Economic Portion of the Presumed Award

Damages are distributed to those eligible to recover under intestate law, in proportion to their pecuniary loss, except that when there
is a surviving spouse and parents, but no children (or grandchildren), the parents will also recover in proportion to their pecuniary
loss. Pecuniary loss is defined by the New York Wrongful Death statute and cases interpreting the statute.

See N.Y. Est. Powers & Trusts Law § 5-4.1 (McKinney 2002)

Priority Under Intestate Laws

  1. A spouse and no children-- the whole to the spouse.
  2. A spouse and children-- $50,000 and 1/2 of the balance of the estate to the spouse, and the remainder divided equally among the children
    as long as they are in the same generation.
  3. Children and no spouse -- the whole to the children, divided equally as long as they are in the same generation.
  4. One or both parents and no spouse and no children -- the whole to the surviving parent or parents.
  5. Parent’s children (brothers, sisters, or their children) and no spouse, children or parent -- the whole to the parent’s children, divided equally as long as they are in the same generation.

See N.Y. Est. Powers & Trusts Law § 4-1.1(McKinney 2002)

When there are Children of Different Generations

In New York, a share is set aside for each surviving child of the closest generation to the victim where there are survivors, and those survivors receive equal shares. An equal share is also set aside for each deceased member of the first generation who left behind children.

Those shares are combined and distributed in equal shares to all the members of the next generation. The New York Practice Commentary gives the following example:

Assume that an intestate victim with a net estate of $450,000 is survived by a husband and four children, A, B, C, and D. Her husband gets $50,000 plus one -half of the residue ($200,000), and the children get the rest in equal shares ($50,000 each). If A predeceases the victim, leaving Grandchild-1, Grandchild-2, and Grandchild-3, they share his $50,000 equally ($16,667 each). If B also predeceases the victim, leaving
Grandchild-4 and Grandchild-5, the five grandchildren take $20,000 each (one-fifth of the $100,000 of A and B).

See N.Y. Est. Powers & Trusts Law § 4-1.1(McKinney 2002) (Practice Commentary)