WRONGFUL DEATH LAWYER

Wrongful death is a legal term which refers to situations when a person dies due to negligence of another. Wrongful death cases arise in a number of different ways like, car accidents, medical malpractice, truck accidents, motorcycle accidents, construction site accidents etc.

A wrongful death suit is different from other types of personal injury claims because the actual victim is not bringing the suit, rather it is usually a family member or the decedent’s estate. A wrongful death claim is brought to try and recover damages for injuries that the surviving estate and or family have suffered due to the death of a victim. The damages recovered usually do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensation unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death.

WHO CAN FILE A WRONGFUL DEATH SUIT?

This will all depend on your particular states statutory language, but generally it would be immediate family members (i.e. spouses, children or parents) can pursue a wrongful death claim (minors under the age of 18 years old may require a guardian to represent their interests in court).

Each state has it own statute of limitation which defines the time frame during which a lawsuit must be filed. These time frames usually run from the time of the victim’s death, although some states may allow a longer time period for a lawsuit to proceed, if the act which caused the death was not discovered until later.

A valid claim may be denied if it is filed after the statute of limitations has run out. If you feel that you have a valid claim for wrongful death, it is important that you speak with a qualified lawyer at your earliest convenience to preserve your rights. An early action will help to preserve evidence, or locate witnesses that you may need to win your case.

The following types of damage are considered in a wrongful death case:

• The expected loss in income of a person who has died.
• Sorrow, mental anguish, loss of companionship and comfort.
• Expenses for the care, treatment and hospitalization for the person who has died.

Examples of these are immediate expenses associated with the death:

• Loss of victims anticipated earnings in the future until time of retirement or death.
• Loss of benefits caused by the victim’s death.
• Loss of inherits caused by an early in life death.
• Pain and suffering and/or mental anguish to the survivors.
• General damages and punitive damages.

Here at New York Construction Accident Attorneys.com we use our years of experience in handling wrongful death cases to investigate every possible factor that would cause a wrongful death, and to ensure that you will receive full compensation for your pain and suffering.

If you believe that one of your loved one’s has been the victim of a wrongful death please call or email now to ensure that you take the right steps. The initial consultation is free “if we don’t win you don’t pay,” so call immediately.

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