The death of a family member can be difficult to endure. When that death occurs because of another party’s wrongful act, the aftermath may be even more traumatic. A wrongful death victims’ family can face many forms of hardship.
Accordingly, families may recover financial compensation through wrongful death lawsuits. There are many types of damages available to plaintiffs. A wrongful death attorney can help explain which damages may be sought in your case.
If your family member suffered a wrongful death in Oyster Bay, get help recovering the monetary damages you deserve. Contact our experienced Oyster Bay wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
What Constitutes a Wrongful Death in Oyster Bay
According to E.P.T. Law § 5-4.1, a wrongful death is one that happens because of another party’s wrongful act, neglect, or default. Simply put, a wrongful death is one that occurs because of another’s wrongful act. A wrongful death can be caused by a defendants negligent or intentional conduct.
Many different types of accidents can cause wrongful deaths. These accidents are usually unexpected and unavoidable. After such accidents, victims’ families can reach out to our Oyster Bay wrongful death lawyers for help seeking compensation.
Parties Who Can Be Compensated for a Wrongful Death in Oyster Bay
There are several parties who may benefit from successful wrongful death lawsuits in Oyster Bay. Under E.P.T. Law § 5-4.4, the following relatives of the deceased may be compensated in a wrongful death case:
- Spouses
- Parents
- Children
- Siblings
- Cousins
The damages awarded in wrongful death lawsuits can provide crucial support to the aforementioned parties while they navigate the road to recovery. Our Oyster Bay wrongful death lawyers can help a victim’s family assess the validity of their case.
Filing a Wrongful Death Lawsuit in Oyster Bay
There are numerous requirements that must be complied with when filing a wrongful death case in Oyster Bay. First, E.P.T. Law § 5-4.1 mandates that a wrongful death lawsuit must be filed by the personal representative of the deceased. E.P.T. Law § 1-2.13 defines a personal representative as the individual who has received letters to administer the estate of the victim. That is to say that the personal representative is the person who was appointed by the deceased to be in charge of their estate.
Unlike many other states, a victim’s family members will be unable to file a wrongful death lawsuit in Oyster Bay unless they have been named as the victim’s personal representative. Our Oyster Bay wrongful death lawyers can offer guidance to families when pursuing compensation.
Under E.P.T. Law § 5-4.1, plaintiffs in Oyster Bay wrongful death lawsuits will have two years from the date of a wrongful death to file a wrongful death lawsuit. Furthermore, there are many conditions that must be met when filing a claim. Plaintiffs must attach supporting documents, file their case in the correct court, pay any required court fees, serve all named defendants, and avoid filing a frivolous claim. Failure to comply with any of these conditions could force you to re-file your case. Accordingly, the assistance of our experienced Oyster Bay wrongful death lawyers can be highly beneficial when filing a lawsuit.
Types of Damages Available in Oyster Bay Wrongful Death Lawsuits
There are multiple categories of monetary damages available in Oyster Bay wrongful death cases. The type of damages awarded can depend on the circumstances surrounding a case. Victims’ families can contact our experienced Oyster Bay wrongful death lawyers for help ascertaining which of the following damages may be pursued in their cases:
Lost Financial Support
Plaintiffs in wrongful death lawsuits may recover damages for lost financial support the victim would have provided their family. Calculating such damages is not a straightforward process. Expert witness testimony may be required to establish damages for lost financial assistance. For example, an economist may be called to help determine the value of lost financial support. Additionally, medical experts may be required to establish a victim’s life expectancy. Our team can help call on the right experts to support a claim for lost financial support in your case.
Lost Household Services
Damages for lost household services may also be sought by plaintiffs in Oyster Bay wrongful death lawsuits. For example, a wrongful death victim may have provided valuable services to their family in the form of child care and household maintenance. Accordingly, our Oyster Bay wrongful death lawyers can help victims’ families recover compensation for their lost household services.
Medical Expenses
A wrongful death victim may undergo expensive medical treatment before their untimely passing. In such cases, their families can be stuck with costly medical bills. Therefore, plaintiffs in Oyster Bay wrongful death lawsuits may also recover damages for medical expenses related to the deceased person’s fatal injury.
Funeral and Burial Costs
Plaintiffs may also recover compensation for funeral and burial costs. Family members should not have to stress about how to pay for their loved one’s funeral. Our Oyster Bay wrongful death lawyers can fight for funeral and burial costs in your case.
Lost Parental Guidance
Furthermore, damages for lost parental guidance may also be pursued. In some cases, a victims’ children will miss out on important education and parental guidance because of a wrongful death. Therefore, a victims’ children may be compensated for the lost guidance their deceased parent would have provided.
Pain and Suffering of the Victim
Lastly, damages for victims’ pain and suffering may also be recovered in wrongful death lawsuits. A wrongful death victim may experience immense physical pain and emotional anguish before passing away from their fatal injury or illness. Such damages can be hard to establish. Our experienced Oyster Bay wrongful death lawyers can help plaintiffs calculate damages for victims’ pain and suffering.
If Your Loved One Suffered a Wrongful Death in Oyster Bay, Our Lawyers Can Help
If your family member suffered a wrongful death, seek support from our experienced Oyster Bay wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.