In a wrongful death lawsuit, damages under New York law are supposed to be strictly for financial, or monetary, loss. In legal terms we use the phrase Pecuniary Loss. Unlike some other states in this country, in New York State we can not get Emotional Loss Damages. For example, if a spouse dies, all of the future projected lost earnings can be claimed by the surviving spouse or by minor children. Children can also claim a loss of guidance and a monetary value is fleshed out and put on that loss of guidance. Once again in any wrongful death lawsuit there is almost always an element of pain and suffering that will also be translated into monetary damages to go along with the wrongful death component. The pain and suffering that the person sustained whether it be five minutes following a very severe car accident, or for two years following a misdiagnosis in a medical malpractice case. All of those elements together are obviously very complicated, but our law firm will guide parties through it and try to come up with the most reasonable settlement or result at trial.