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Can You Bring A Wrongful Death Case in NY Without Pecuniary Loss?

By Gerry Oginski

http://www.oginski-law.com

Your loved one has died in New York, and you are devastated. You believe that your family member died because of someone's wrongdoing. You want answers.

In cases where your loved one was elderly and not working, then it becomes difficult, if not impossible, to show that there was a financial loss to the family as a result of their death. This is known as "pecuniary loss." In NY, one of the elements of proving a wrongful death case include asking "What was the financial loss to the family because your loved one died?"

Where the person was not employed, then there is no way that we can show an actual financial loss to the family, unless there was some other source of income that they were receiving on a regular basis.

Another element that we look at in a wrongful death case in New York is to determine whether your family member suffered pain, from the time of the wrongdoing until their death. If they were under anesthesia during the course of surgery, and something happened during surgery to cause their death without them ever waking up, then it would be difficult, if not impossible, to show that they were conscious and aware of what was happening. In order to prove conscious pain and suffering and be able to include that in a claim for wrongful death, we must be able to show some level of awareness and pain. The NY Courts have held that this can include moaning, groaning and responses to painful stimuli.

Watch the video to learn more.

To learn more about how wrongful death lawsuits work, I encourage you to visit my website, http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 516-487-8207. I welcome your call.

The Law Office of Gerald Oginski, LLC
25 Great Neck Road, Suite 4
Great Neck, NY 11021
516-487-8207
Lawmed10@yahoo.com

Full post as published by NY Medical Malpractice Video Tutorials on April 02, 2010 (boomark / email).