The loss of a loved one can leave a gaping hole in your life. When that loss occurs due to another party’s carelessness, you may deserve compensation for your loss. While that compensation cannot bring back your loved one, it may provide you with much-needed funds to help pay final expenses and provide some cushion for the financial assistance your loved one provided for the family.
In order to establish whether you have grounds to file a wrongful death claim, your attorney will consider several key elements.
If your loved one had the right to file a personal injury claim while alive, the surviving family members may have the right to file a wrongful death claim if that individual dies of their injuries.
Each family can file only one wrongful death claim per victim. The party with the closest family relationship to the deceased usually has the first right to file a wrongful death claim. If the deceased was married, for example, the deceased’s spouse has the first right to file a wrongful death claim. If the deceased no longer has a spouse or never got married, the deceased’s children may have the first right to file a wrongful death claim. If the deceased has neither spouse nor children, the deceased’s parents can file that claim.
In some cases, other parties who receive financial support from the deceased may have the right to file a wrongful death claim: elderly family members supported by the deceased prior to the accident that led to his death, for example. Other times, the deceased’s estate may file a wrongful death claim to help pay for final expenses.
No amount of compensation can completely fill the hole in your life left by the loss of your loved one. The compensation you receive from a wrongful death claim can, however, make it possible for you to rebuild your life following the loss of a loved one. The funds you receive for the loss of a loved one can vary based on several factors.
Did your loved one die in an auto accident? If so, the liable driver’s insurance company may determine the compensation you can receive through a wrongful death claim. If your loved one died in a premises liability accident, the liable party’s property insurance may cover the claim.
In order to determine who caused your loved one’s death and who you can file a wrongful death claim against, talk to your attorney about the circumstances that led to the accident. The attorney will consider:
A wrongful death claim aims to restore some of the financial losses you faced due to your loved one’s accident and loss. While you may not receive full compensation for all your losses, and an attorney cannot guarantee the funds you will actually receive, you should calculate all direct financial losses from the loss of your loved one. Financial losses may include:
Most people, in addition to providing a source of income for the family, also provide significant support in other ways. Your loved one may have provided child care, senior care, or handled cooking and cleaning responsibilities. Your loved one may also have taken care of tasks like cleaning, maintenance and repair on the home, or vehicle maintenance and repair. After the loss of your loved one, you may have to find other ways to take care of those tasks. Talk to an attorney about how you can include them as part of your wrongful death claim.
Did you lose a loved one due to another party’s negligence? An attorney can help you understand your legal right to compensation. Contact Chaikin LaPenna, PLLC today for a free consultation.
you may have a lot of questions, such as how to file a lawsuit, prove liability, and potentially ask for workers’ compensation. Our seasoned New York attorneys have years of experience working in personal injury law and can help you through your journey. 888-BIG-WIN-LAW Today.
