Losing a loved one is one of the most devastating events in the human experience, particularly when the death resulted from another party’s negligence. In such cases, the death is considered to be a wrongful death, and surviving family members may be entitled to financial compensation for their losses. Although obtaining compensation is often a relief from the financial stresses of a death, it can be difficult (it depends on the degree of financial injury to the family and other factors) as well as draining (it can be burdensome for an already-overwhelmed family). Therefore, hiring an attorney is the best way to make sure family members obtain the compensation they deserve. At Proner & Proner, our talented wrongful death lawyers have helped many clients in Manhattan and surrounding New York communities obtain compensation for the financial costs associated with their loss. If you have lost a loved one in a wrongful death, contact Proner & Proner today to secure the legal representation you need.
Wrongful Death Compensation
Compensation in wrongful death cases depends on several factors. The plaintiff must have grounds for filing a wrongful death claim: there must have been a death; the plaintiff must be able to prove liability for the death; the plaintiff must have suffered financial harm because of the death; and there must have been a personal representative appointed to the victim’s estate. If the family meets these prerequisites, it may obtain compensation for financial losses including:
Compensatory Damages
Compensatory damages, intended to repay the victim’s survivors for expenses related to the wrongful death, can include:
- Medical expenses related to the death (medical services and products used to treat the victim during his or her decline)
- Funeral expenses (costs of burial and other funerary expenses)
- Loss of income (income the victim would have earned, and contributed to the family, had he or she lived)
- Loss of services (childcare, housekeeping, and other services the victim would have contributed to the family had he or she lived)
- Loss of support (loss of companionship and consortium)
Punitive Damages
Punitive damages, intended to punish the party that caused the death and prevent similar actions in the future. Whether a plaintiff may pursue punitive damages depends on his or her state’s laws.
A number of circumstances, including medical malpractice, personal injury, motor vehicle accidents, and construction accidents, can give rise to a wrongful death claim. If you have lost a loved one in a wrongful death, you may be entitled to compensation for your losses. Contact Proner & Proner to schedule a free case evaluation. Our wrongful death lawyers in New York serve Manhattan and surrounding communities.
Determining Wrongful Death Damages
The amount of damages surviving family members may obtain depends on the degree of financial injury (pecuniary damage) to the family. In a wrongful death action, a jury considers several factors in determining pecuniary damage:
- The victim – his or her age, character, earning capacity, financial responsibility and stability, life expectancy, and health
- The family members seeking damages – their circumstances and actual pecuniary loss caused by the death
Hiring a practiced wrongful death attorney is crucial in making sure you receive the damages to which you are entitled. Don’t risk losing compensation for your heartbreak and loss; enlist the services of Proner & Proner’s talented wrongful death lawyers today.
Contact Our Wrongful Death Lawyers
If you have lost a loved one due to another party’s negligence, you may be entitled to financial compensation for your loss. Nothing can replace your loved one, but wrongful death damages can ease the financial stress associated with your loss. To learn more about wrongful death damages, contact Proner & Proner to schedule a free case evaluation. Our experienced wrongful death lawyers welcome clients from Manhattan and throughout New York. We will work diligently to obtain the financial compensation you deserve.
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