The death of a loved one is a most tragic terrible event, especially due to the wrongdoing of another person. However the loss is impossible to reverse, but filing a wrongful death claim can be the way to realize the responsible person about what have you lost because of him or her. Damages in wrongful death cases are mostly based on the financial and companion loss, New York State law describes the types of settlement that are available to both the estate and the beneficiaries of the sufferer.
But people may be surprised to know that to file a claim you can’t make your grief as a base it means New York wrongful death law does not permit recovery for the grief. There are only two elements to grant damages by the law:
- Financial damages faced by the dependants of the deceased person, Medical and funeral expenses incurred by the estate
- Damages for the pain and suffering from the time of the injury to the moment of death
Along with these two damages more damages can also be provided such as if a person faced some physical impairment before his or her death could have been recovered by the decedent had he or she lived, if proved the defendant action was intentional or reckless then the punitive damages may also be awarded. Wrongful death lawyer in New York handles complex damage cases on a regular basis.
Types of Wrongful Deaths :
- Vehicle Accidents: Common causes of such accidents are speeding, DUI/DWI, carelessness, equipment malfunction, inexperience driver.
- Medical Malpractice: Medical malpractice ranges from wrong prescription to high dose of anesthesia to failure to diagnose or misdiagnosis.
- Defective Products: Defect in manufacturing, defective design, lack of adequate warnings or instructions on the products.
Who Are Eligible to File a Claim for The Wrongful Death?
- Person named in the deceased’s on the behalf of all beneficiaries named in the will. Immediate family member like spouse, children and parents, a legal…