In New York, a wrongful death lawsuit enables families to seek compensation for their loss. These losses relate to a loss of companionship or love, financial support, and guidance for children. The following are questions about these lawsuits answered by a Wrongful Death Lawyer Queens County NY.
What Elements are Evaluated when Calculating Damages?
The most common elements associated with these calculations are the life expectancy, age, and current earnings of the victim. Their educational background is also considered. These elements define the total earnings the victim could have collected throughout their lifetime. Any benefits received beyond their income are also calculated, and the court determines if the beneficiaries are entitled to these benefits in their absence.
How Can the Family Collect Punitive Damages?
The only way the family collects punitive damages is if the fatality was the result of malicious intent. This includes criminal infractions that produced the fatality. However, if the fatality was the result of a medical malpractice, the court may assign punitive damages as a measure to punish the medical doctor. Acts in which bodily harm was the intended results lead to punitive damages for the family.
How is a Wrongful Death Case Involving an Elderly Individual Managed?
The circumstances of these cases are reviewed to establish a motive for the negligent act. If the victim was the owner of an estate, the court reviews what the defendant had to gain from their actions. If the results would lead to a high award through a will, the court may transfer this value to the remaining family members. If the elderly individual was the primary caregiver for minor children, the loss of financial support is also addressed in the settlement.
In New York, wrongful death lawsuits are utilized by families after they lose a loved one due to negligence. Any wrongful act that led to a fatality whether intentionally or unintentionally warrants the need for these lawsuits. Through these proceedings, families regain financial support and payment for their expense. Families that need to speak to a Wrongful Death Lawyer Queens County NY contact the Law Office of Steven R. Smith or visit website right now.
