Unfortunately, accidents do happen. However, in some instances, they occur due to another person’s negligent actions. If a person’s negligence results in the death of another person, a claim for wrongful death becomes a remedy.
That said, below are some of the most common questions and their answers regarding wrongful death lawsuits.
Could Anyone File for Wrongful Death?
The specific details on who could file a wrongful death claim vary from one state to another. However, these claims could see filing on behalf of the estate of the deceased individual.
More often than not, however, spouses, children, and family members who were emotionally and financially dependent on the deceased person could file for wrongful death due to the losses that resulted from the individual passing away.
How about Punitive Damages in Wrongful Death Claims?
Awarding punitive damages significantly vary from state to state; some allow claimants to recover, while some do not. In New York, for instance, punitive damages awards are extremely rare and are dependent on the specific factors of the case, according to most personal injury lawyers in Brooklyn NY.
Could You Recover Pain and Suffering Damages?
Yes, but this would only cover the pain and suffering experienced by the decedent before his or her wrongful death, not the claimant’s pain and suffering.
How Do Courts Determine the Damages to Award?
Again, this varies from one state to another, but generally, the decedent’s estate and/or family could obtain compensation for the loss of financial and emotional support, as well as loss companionship and care, and expenses from burial and/or funeral arrangements and medical care.
Take note that loss of future wages and related economic losses due to the wrongful death would require statements from an expert witness.
Filing for a wrongful death claim could be very complicated and adds legal stress to an already sad and emotionally taxing time. If you think that you have a solid claim for a wrongful death lawsuit, speak with an experienced attorney to discuss the specifics of your case.