Mourning the death of a loved one is never an easy process. In fact, the process of grief has become such a complicated subject that there are several studies into the action. Of course, the issue can be made more complex when a loved one dies in a way other than natural causes. In New York, this is known as ‘wrongful death’ and can be dealt with in different ways. This article will provide information on wrongful death and how one can deal with the issue according to Long Island law.
What Is Wrongful Death Law?
When a person dies based on negligence or intentional act of another entity or individual, it is common for the family members to experience sensations of emotional pain. It must also be mentioned that family members can also experience financial difficulty in this situation; therefore, according to New York law, family members can file claims for compensation due to wrongful death.
For the claim to be deemed valid, it is essential that certain elements exist. Firstly, the death must have been caused by another individual’s wrongful conduct irrespective of whether it is negligent or intention. This is imperative because it will give suggest that the deceased would have raised a claim of poor treatment if death had not occurred. Furthermore, at least one individual who suffered a loss as result of the damaged must be evident; as well as it being possible to recover any estate damages.Lawyers for the wrongful dealth victims and families could help with the claims.
What Are The Different Types Of Wrongful Death Lawsuit Claims?
Despite each of the wrongful death lawsuit claims requiring certain elements, there are different kinds of claims that can be pursued. The wrongful death claims involve a plethora of fatal accidents including workplace accidents, automobile accidents, medical malpractice, product liability cases, and slip and fall accidents. Claims where any individuals, businesses, or government agencies can be held liable for acting in a malicious manner.
Who Can Pursue Claims For Wrongful Death?
According to New York law, the only individual who can pursue a claim for wrongful death is a decedent’s legal representative. The legal representative of the decedent is typically the person a decedent will name as executor in his or her will. If this is not the case, the representative may be an individual named to represent the decedent by the court.
While only the legal representative can pursue the claim for wrongful death, the family members can express interest in claiming a wrongful death lawsuit. The family members, also known as parties in interest, can include the surviving spouse or children; however, there are suits where the parties in interest also included parents, siblings, and other relatives.
What Are Recoverable Damages?
When pursuing a wrongful death lawsuit in Long Island, it is possible that the family members can recover different types of damages. Of course, the type of damages recovered would dependent on whose negligence resulted in the accident causing the wrongful death.
As is mentioned there are various types of recoverable damages that can be compensated within wrongful death lawsuits. If for example, the family members file a wrongful death claim they may be able to recover medical expenses related to the injury causing the death. In some cases, the medical assistance provided to an injured individual (before the death) would not have been covered by medical aid or pension benefits. In this situation, it could be possible for the family to claim for lost medical insurance or medical expenses.
Additional recoverable damages that can be claimed include funeral and burial cost compensation. While these costs are not always considered, they can be expensive and will often need to be paid out-of-pocket. When pursuing a wrongful death claim, it is possible to ease the financial difficulty and help obtain a more beneficial burial.
As is mentioned above, mourning a loved one can be emotionally distressing, and many people choose to visit grief counselors to help with the anxiety. Recovery for loss of companionship, emotional distress, and counseling fees can be compensated when pursuing a claim for wrongful death.
It should be noted, however, that if the individual died in a workplace accident, then the family members do not have the right to sue an employer for compensation. This is according to New York workers’ compensation law. While no compensation claims can be pursued, it should be mentioned that death benefits will include burial expenses in this situation. The death benefit is typically equal to a percentage of the victim’s wage and is subject to an income cap.
Final Words On The Matter
Dealing with the wrongful death of a loved one can be difficult, particularly when there are expenses to manage. Using this information, you can identify how to go about claiming for wrongful death compensation and what compensation is available based on New York law.