New York – New Jersey Wrongful Death Attorney
The death of a loved one due to the negligence of another person or group is a terrible experience for anyone. The law recognizes the right of surviving relations to seek damages for the wrongful death of a family member or a person you were relying on financially.
What is a Wrongful Death Lawsuit?
A wrongful death suit is a specific type of lawsuit that has many of the same attributes as a personal injury case. The key difference is that the plaintiff in such a case is not the person who actually was involved in the event, but is rather a person who was impacted by the death. Family members, such as spouses and children, are the most common plaintiffs in a wrongful death suit. However, any person who can demonstrate that they were financially dependent on the deceased person is entitled to a percentage of the damages whether or not they are actually related to the deceased.
Wrongful death claims contain all manner of fatal accidents, such as car crashes and fatal medical malpractice situations. Any case that would normally be a personal injury case is elevated to a wrongful death case in the event that the person dies as a result of the injuries. This could occur immediately at the time of the accident, or it could occur later.
Wrongful death claims have a statute of limitations of 2 years from the date of the person’s death.
How Are Damages Awarded in a Wrongful Death Lawsuit?
Damages relate to the financial compensation the plaintiff is awarded if they win the wrongful death suit. Damages for a wrongful death suit are slightly different than damages for a personal injury suit. There are several types of damages to be collected, and the amounts awarded are often split between more than one plaintiff. Since there are so many individuals that have a potential claim in a wrongful death suit, the court will often divide the damages according to the financial need of each individual and their level of dependency on the deceased person.
The plaintiffs may collect a number of different types of damages. Many of these damages are very difficult to calculate and require much evidence to be provided in court. Some of these include:
1. Medical and funeral expenses
2. The deceased person’s expected future earnings
3. The loss of benefits and medical coverage
4. The loss of retirements, investments and savings that are not automatically transferred to an inheritor
5. The value of services the deceased person would have provided
6. Pain and suffering
7. The loss of nurturing and care that would have been provided
Legal representation is vital in a wrongful death claim. If you feel you are entitled to compensation for the death of a family member, loved one or other provider, then you should contact the qualified attorney’s at Bader Law for consultation on your case.