Dealing with a wrongful death lawsuit while experiencing emotional turmoil and grief is almost unbearable. You will have to discuss many uncomfortable details while trying to cope with a difficult situation. The truth is that the damages are not only emotional but financial as well.
Personal injury attorneys in New York City recommend taking a step back and caring for yourself. In contrast, your attorney will deal with the prospect of a lawsuit. They will be careful to assess every detail of your situation and secure the financial help you need to move forward.
It is difficult to estimate the average settlement for a wrongful death lawsuit, as each case has many variables that influence the amount of compensation.
Nobody can take away your grief, but you can avoid the additional distress that financial issues might impose on your life. Despite this, you can calculate an average amount by considering some factors that apply to all cases. Here is some general knowledge you could find helpful when dealing with a wrongful death lawsuit.
Common Causes for Wrongful Death Lawsuits
Wrongful death lawsuits occur for various reasons. In some instances, wrongful death can be caused due to malpractice. It is devastating to know that the death of your family member might have been caused by medical malpractice, yet, hospital negligence and errors in diagnosis and treatment shouldn’t escape justice.
Another common cause for wrongful death lawsuits in New York in car accidents. It is the leading cause of wrongful death in the state. Distracted driving, speeding, and driving under the influence of alcohol or any illegal substance can be lethal. When roads undergo repairs and construction, inadequate warning systems could lead to unfortunate accidents. In such cases, a qualified personal injury lawyer could recover damages from the government agency responsible for maintaining safety on the road.
What Damages Can You Sue For in Wrongful Death Lawsuits?
Although any amount of money could not replace the loss of your loved one, wrongful death cases mean providing the deceased’s family with monetary compensation to ease the difficult situation they are handling. The variables that influence the amount compensated include medical and funeral expenses, the pain and suffering of the victim before they died, loss of income, companionship and parental guidance, age, health, life expectancy, and future earning capacity.
How are the Compensation Amounts Established?
To receive compensation for a wrongful death accident in New York, you must file a lawsuit in the first two years following the accident, as stated in the statute of limitations. The main factors that influence the compensation amount are life expectancy, age, and earnings of the deceased person.
These are very sensitive details to discuss while grieving, but they are essential. For example, if the deceased person was young and in good health, had a successful career, and has left behind a wife and children, the compensation will likely be higher.
But the compensation would be significantly lower if the deceased person were a retired parent who was not contributing as much to the house’s finances. The family could receive an additional payment if a doctor testifies in court that the deceased person went through a certain amount of pain to compensate for pain and suffering.
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