When someone is killed as a result of negligence, the family has a right to bring an action for Wrongful Death. Deaths caused by car accidents, defective or dangerous products, by falls and construction accidents, or by medical negligence—medical malpractice—may give you the right to bring a legal action as a result of the death. While the immediate trauma of losing a loved one is overwhelming, the emotional and financial impact of the loss can go on forever.
The types of damages recoverable in a wrongful death lawsuit will vary depending on your individual circumstances, but survivors may be entitled to damages for:
- Loss of anticipated future earnings the deceased would have provided
- Lost benefits from the death, such as pension or retirement benefits
- Expense associated with the death, including medical and funeral bills
- Loss of inheritance from an untimely death
- Pain and suffering that your loved one sustained before the death
- Loss of companionship, care, protection or guidance
There are strict laws governing the time within which the family must commence an action for Wrongful Death. If you live in New York City, the Bronx, Brooklyn, Queens or on Long Island, and a loved one has died as a result of a wrongful act or negligence of another, you may be eligible to receive compensation under the law. More than that, you may truly need an award of damages in order to continue to provide for the family in the absence of your loved one.
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