The recipients of the money in a wrongful death lawsuit often include spouses, children, and parents of the decedent, depending on the details of your case. The court, the departed loved one’s will or, if there was no will, the laws that govern property distribution of estates where there is no will, (i.e., laws of intestacy,) may all play a part in the ultimate determination of who recovers benefits and to what extent. While family certain family members will benefit from the wrongful death case, they generally are not allowed to file the case.
The death of someone you love is a tragic and painful loss to suffer. It’s even worse when their death was preventable. If someone else’s negligence is why your loved one is no longer with you and your family, we are truly sorry for your loss. A wrongful death lawyer from our firm will fight for you and advocate for your family.
- What Damages Will You Recover in a Wrongful Death Case?
- What Is the Value of Your Wrongful Death Lawsuit?
- Who Is Allowed To File a Wrongful Death Lawsuit?
- You Must File a Wrongful Death Lawsuit on Time
- How Will Our Firm Assist You With Your Wrongful Death Case?
- Learn More About Who Gets the Money in a Wrongful Death Lawsuit
What Damages Will You Recover in a Wrongful Death Case?
One of the first steps to filing a wrongful death lawsuit is to determine which damages apply to you and your family. Your loved one could have left behind crushing medical debt due to emergency medical treatment, surgery, and hospitalization before passing away. You may not only have to worry about the medical bills, but you no longer have the benefit of their income to help you pay any bills at all.
It’s also possible there are household services that your loved one no longer provides. On top of this, you may have had to pay for a costly funeral.
Your wrongful death lawyer will file a lawsuit on your behalf to recover economic damages that have a verifiable monetary value, including:
- Financial support your loved one would have provided if they lived
- Medical expenses
- Funeral and burial costs
- Household services
- Surviving family members’ lost inheritance
You could also recover non-economic damages such as conscious pain and suffering felt by the decedent.
Non-economic damages are more challenging to calculate, but they are valid damages that you are entitled to recover. Our law firm will determine how much compensation you and your family deserve according to which damages apply in your case.
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What Is the Value of Your Wrongful Death Lawsuit?
The value of a wrongful death lawsuit varies from case to case. For example, if your loved one left behind medical bills before passing away, this will be considered when your case is filed. Their non-economic damages, such as pain and suffering, are also taken into consideration. You must use evidence to prove the damages your family suffered. Such evidence includes:
- Your loved one’s medical records and bills
- Proof of their income
- Bills and receipts for expenses your family covered related to your loved one’s death
There are also no caps on the amount of compensation you might be able to receive in a wrongful death lawsuit for economic and non-economic damages in New York.
Who Is Allowed To File a Wrongful Death Lawsuit?
When someone you love dies because of someone else’s negligence, you understandably want to know if you are allowed to bring a wrongful death lawsuit against the liable party. New York restricts who has the chance to bring a wrongful death lawsuit. Only the decedent’s personal representative is able to file the case. In this context, a personal representative refers to what is called an executor if there was a will and an administrator if there was no will.
Family members of the decedent cannot file a wrongful death lawsuit unless they are the personal representative. This means parents, children, and siblings of the decedent can’t bring a case without a personal representative.
You Must File a Wrongful Death Lawsuit on Time
As with any type of lawsuit, wrongful death cases must be turned in by the appropriate filing deadline. This deadline, also known as the statute of limitations, varies by state. A person bringing a wrongful death lawsuit has a limited time to have all the paperwork necessary to commence a case completed and filed, so it’s best to retain an experienced and dedicated wrongful death lawyer to get started as soon as possible.
Filing your case early has a few benefits. These include:
- You give your legal team enough time to search for evidence to support your case
- Your lawyer will be able to interview witnesses before their memories of the incident fade
- You and your attorney will have plenty of time to complete and submit lawsuit paperwork
The sooner you reach out to an attorney, the sooner they will get to work seeking justice for your family.
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How Will Our Firm Assist You With Your Wrongful Death Case?
Having a lawyer represent you in a wrongful death lawsuit is beneficial because we will do the legal work. You should take the time you need to grieve with your family and take care of them.
Our law firm will:
- Provide you with regular updates on your case
- Determine liability
- Communicate with any parties involved in your case for you
- Collect evidence to support your wrongful death case
- Calculate the value of your lawsuit
Working with our law firm is also affordable. Our team will take your case on a contingency-fee-basis. This means:
- You won’t pay us out of pocket
- You do not owe us any upfront fees
- You will not be charged any money until your case is won or settled
Once we win or settle your case, our team receives a percentage of your compensation as the fee for our service. We also offer free consultations, so you have the chance to speak to a member of our team at no cost to you.
Learn More About Who Gets the Money in a Wrongful Death Lawsuit
Losing someone you love in a preventable accident is tragic beyond words. Compensation cannot replace your loved one or bring them back, but it will cover your expenses, secure your future, and provide peace of mind so you have the chance to
begin the rebuilding process with your family.
Compensation also holds the liable party accountable so your family feels a sense of justice.
To learn more about who gets the money in a wrongful death lawsuit, or to talk to a lawyer from Friedman & Simon, L.L.P. about your case, call for a consultation today.