Conscious Pain and Suffering
The experienced and knowledgeable injury attorneys at the Jesse Minc Law Group offer unparalleled experience and a track record of success assisting people who have lost family members in incidents like car accidents, construction accidents, and medical malpractice throughout New York City. Our practice covers the Bronx, Manhattan, Brooklyn, and Queens, and extends into Westchester, Nassau, and Suffolk Counties, but we will go anywhere to fight for clients if we truly believe in their cases. Our Bronx wrongful death lawyers work closely with each client to make sure that their needs are met, and our team fights tirelessly to recover the maximum amount of damages payable under the law, including those for conscious pain and suffering. We limit the number of cases that we take so that we can ensure that each client receives our full attention and that we can apply the proper amount of financial resources to ensure that each case has the best possible chance of success. In addition to guiding our clients through the legal system in wrongful death claims, we can also assist with insurance and other benefits claims, as well as probate and administration matters in surrogate’s court. If we accept your wrongful death case, we will do your surrogate’s court work free of any additional legal fees, which work may include probating a will, setting up an estate in an administration proceeding, and other complex surrogate’s court tasks that other attorneys may charge thousands of dollars to perform.Understanding the Process of Proving Conscious Pain and Suffering
Under New York law, the personal representative of a person who died due to negligence or a wrongful act can sue on behalf of all of the decedent’s “descendents” (those with any claim to their estate, whether by intestacy or through a will) for wrongful death. The damages may include the loss of support that the decedent’s dependents will suffer, including the loss of direct financial support. In order to prevail in a wrongful death lawsuit, a plaintiff must be able to show that the defendant engaged in some wrongful act or was negligent, that this caused the decedent’s death. Concecptually, if the decedent would have been able to assert a claim directly if they had not died, his or her estate’s representative may assert a claim on behalf of those who survive and are entitled to a portion of their estate.
It is important to understand, however, that a wrongful death claim only deals with economic losses suffered by the decedent’s family and heirs. It does not address claims for the pain and suffering that the decedent endured in connection with the accident or incident of medical malpractice that caused them to die. New York provides for a separate, but related, cause of action for the decedent’s own pain and suffering so long as it can be proven that the decedent actually experienced (i.e., was conscious and aware of) physical and emotional pain and suffering as a result of the negligence that caused them to pass away.
In personal injury claims that do not involve a wrongful death, the injured individual is often able to offer testimony about their experience, including the pain and suffering caused by their injuries. This is obviously not possible in a wrongful death case, but it is still possible to recover damages for a decedent’s pain and suffering following a fatal crash or another devastating event. Top wrongful death lawyers like those at our firm will obtain witness testimony from those who witnessed key events in connection with the decedent’s passing, and will also hire specialized medical experts such as forensic pathologists who can give opinions on the degree of conscious pain and suffering experienced by the deceased accident victim by analyzing their medical records created in connection with their death. In addition to proving the usual elements of an injury claim, such as a wrongful act or a breach of a duty of care by the defendant and a causal connection between this and the plaintiff’s injuries, an attorney seeking to recover damages for conscious pain and suffering must prove that the decedent was conscious and was most likely aware of the condition that led to their death.
A decision issued in late 2017 by a New York state appellate court in Manhattan offers a harrowing example of circumstances that would support a conscious pain and suffering verdict. The decision, Matter of 91st St. Crane Collapse Litig., 2017 NY Slip Op 06419, involved the collapse of a construction crane in 2008. As the crane was working on the 14th floor of a building, it tipped backwards and struck a building across the street before collapsing. The collapse killed the crane operator and a construction worker on the ground. The court’s ruling affirmed the conscious pain and suffering verdicts, although it reduced the amounts awarded by the jury as damages for conscious pain and suffering. It described the “inconceivable pre-impact terror” experienced by the decedents, as indicated by testimony about “the look of sheer panic and fear on [the crane operator’s] face” and other details. Our accident lawyers can help you and your family prove that your deceased loved one experienced “pre-death terror” and other species of conscious pain and suffering to give you the best possible chance of a significant recovery if we accept your wrongful death lawsuit into our firm.Hire an Aggressive Wrongful Death Attorney to Seek Justice for Your Loved One
Based in the Bronx, the Jesse Minc Law Group offers an array of resources in addition to our legal knowledge and experience. Our team of support staff includes highly skilled investigators, including a veteran of the N.Y.P.D., who can secure evidence and locate witnesses needed to build your case. We have access to a network of experts in fields like forensics, public safety, and medicine. As a client of the Jesse Minc Law Group, you will always be able to contact your lawyer directly with any questions that you might have. We take pride in being responsive to our clients’ needs and concerns. All of our services are offered to you at no up-front cost. We pay 100 percent of the cost of investigating your claims and preparing your case. You only need to pay us back if we recover money for you by winning your case. Your initial consultation is totally free, and you will never have to pay us a penny out of your pocket. You can contact us to set up a meeting today online or at (718) 354-8000. Se habla español.