Brookhaven Wrongful Death Attorney
Experiencing the loss of a loved one due to someone else’s actions can be an incredibly devastating event in one’s life. Further, it can be challenging to seek compensation for such a significant loss, particularly when dealing with grief.
If you have lost a loved one, you could be entitled to compensation for their wrongful death. Although these lawsuits can be complex, our skilled wrongful death attorney can assist you. New York has specific laws regarding wrongful death claims and the types of damages that can be sought. Additionally, there are critical guidelines dictating how damages should be distributed among the deceased’s beneficiaries.
Call The Carrion Law Firm today at (718) 841-0083 to receive your free case review with our wrongful death lawyers.
Types of Wrongful Death Claims that Can Be Filed in Brookhaven
After the unfortunate loss of a loved one, there are two types of claims that can be made to get justice for your loss: wrongful death actions and survival actions. Although they share similarities, they serve different purposes in compensating the deceased’s beneficiaries. However, our wrongful death attorneys can assist you in comprehending the distinctions between these claims and how they allocate compensation. According to E.P.T. Law § 5-4.1, only the personal representative of the deceased is authorized to file either claim. This representative is usually appointed by the court or named in the deceased’s will, often a close family member.
Wrongful Death Claims
When a loved one passes away, wrongful death actions aim to compensate the family for the damages they have endured. According to E.P.T. Law § 5-4.3, only pecuniary damages can be granted. In New York, the following damages are considered pecuniary for wrongful death actions: lost wages, benefits, and financial support that the deceased would have received if they survived, medical bills and other expenses incurred to treat their injuries if they survived for some time after the accident, funeral expenses and cost of burial, loss of inheritance, and loss of the value of services and support the deceased would have provided if they survived. It is important to note that non-economic damages such as grief or pain and suffering cannot be awarded.
Survival Claims
In the event of a person’s death, a survival action is meant to provide compensation for the damages that the deceased would have been eligible to receive had they survived and filed a personal injury lawsuit. In such cases, a survivor can file a lawsuit to recover economic damages such as medical bills and lost wages, as well as non-economic damages like pain and suffering. If the victim passes away due to their injuries, the right to file a lawsuit for pre-death damages is transferred to their personal representative.
Normally, the appointed representative of the deceased individual is responsible for initiating both the survival action and wrongful death action within the same legal case. In the event of a successful lawsuit, the damages awarded will be divided equally among the beneficiaries of the deceased after settling expenses such as medical bills and funeral costs.
Individuals That Can Recover Damages in a Brookhaven Wrongful Death Lawsuit
The compensation for a wrongful death lawsuit is given to the family of the deceased, with the spouse and children receiving the highest portion initially. As per E.P.T. Law § 4-1.1(a), if the deceased leaves behind a spouse and children, the spouse will receive $50,000 while the remaining amount will be divided equally among the spouse and children. In case the deceased is survived only by their spouse, the entire compensation will be awarded to the spouse. The same rule applies if the deceased was unmarried but had children.
In the event that there are no surviving spouses or children, the law permits the parents of the deceased to seek damages. Similarly, if there are no spouses, children, or parents, the siblings of the deceased might be entitled to damages. In cases where only grandparents, uncles, or aunts survive, the law allows them to claim a portion of the damages.
Damages That Can Be Claimed in a Wrongful Death Lawsuit in Brookhaven
When a family experiences the loss of a loved one, they often miss out on various services and financial support that the deceased person used to provide. However, it is possible to seek compensation for damages resulting from the wrongful death of a family member. In a Brookhaven wrongful death lawsuit, the most common damages awarded include:
Medical Bills
If someone dear to you incurred medical expenses prior to their passing, you might be able to recover those costs through a wrongful death lawsuit. Unfortunately, it is common for accident victims to accrue substantial medical bills in their efforts to save their life. However, the victim’s family can seek compensation for these expenses from the responsible party. This encompasses expenses such as emergency room fees, ambulance charges, hospital bills, surgery costs, and any other healthcare expenses related to the construction accident that led to their loved one’s passing.
Emotional Distress
The term “emotional distress” pertains to the mental suffering that results from the loss of a loved one due to an accident. Compensation for emotional distress encompasses not only physical symptoms, such as headaches, but also psychological symptoms, like depression and anxiety. Emotional distress can also encompass emotions like fear, anger, and shock that arise when a loved one is wrongfully taken away.
Loss of Future Financial Support
If you have lost a loved one, you might have the option to recover future financial support through a wrongful death lawsuit. This means that you can receive compensation for the income your loved one would have earned if they had lived. For example, if your spouse had planned to work until age 65 but passed away at age 40, you can seek damages for the 25 years of work they would have provided. The amount of lost future financial support is calculated based on the expected earnings of your loved one throughout their lifetime, including wages, social security benefits, and pension payments.
Loss of Companionship
In addition to receiving compensation for wrongful death, you might also be eligible for compensation for the loss of companionship experienced after the passing of a loved one. This type of claim is intended to provide support to family members who have been deprived of the valuable things they once shared with their loved ones, such as advice, companionship, cherished memories, and other intangible losses.
Loss of Household Services
This refers to a form of compensation provided to the surviving family members for the loss of household services that their deceased loved one used to perform. Such services include caretaking duties like preparing and cleaning up after meals, driving children around, doing laundry and ironing clothes, maintaining the yard and home, taking out the trash, and any other responsibility related to the household.
Our Brookhaven Wrongful Death Attorneys Can Help
For a free case evaluation with our wrongful death attorneys, contact The Carrion Law Firm at (718) 841-0083.