Wrongful Death Questions Answered

by | Jun 22, 2018 | Attorney

An accidental death lawsuit, or wrongful death claim, is meant to offer compensation to family members of an individual who passed away in a fatal accident. Those who are family with the person may be hurt both emotionally and financially, as they relief on the deceased for support. Reckless driving, murder, or negligent acts can lead to wrongful death. It can also be caused by other things, such as medical malpractice.

Who Can File a Claim?

Wrongful death claims can be filed by surviving spouses, parents, or children of the deceased individual, depending on the circumstances. In most cases, the plaintiff is the estate of the decedent. Westchester wrongful death attorneys can assist you with setting up the probate estate which will allow family members to file the needed claim.

What damage Can Be Recovered?

There are two types of damages in a wrongful death: economic and non-economic. The first consists of money that is awarded as compensation for loss of money and expenses incurred based on the negligence of the defendant. This might include lost wages, medical care, and funeral expenses. Non-economic damages are awarded for losses that are non-monetary. This might include injuries or suffering that is the result of the actions of the defendant.

What Are Common Types of Wrongful Death?

Wrongful death claims can arise out of many major accidents. It means that you also need Westchester wrongful death attorneys with exceptional experience and skill. A few of the common causes of claims include:

  • Animal bites
  • Automobile accidents
  • Drunk driving
  • Fire liability
  • Medical malpractice
  • Motorcycle accidents
  • Nursing home negligence
  • Premises liability

When Do I Need to File a Claim?

The date upon which you must file a claim will depend on your state. We recommend filing the claim as soon as possible. There may be various parties who have to be contacted about the claim sooner rather than later. To make sure you file before the statute of limitations has been reached, it’s best to speak with an attorney for guidance.

Choosing an Attorney

You want a team that will work for you to gather evidence and experts to ensure you obtain the compensation you are owed. It’s important to work with an attorney who is experienced and skilled in a specialized situation like this. At Mary Ann Covone, P.C. Attorney at Law, we would be happy to answer all your questions.

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