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In the world of personal injury law, cases can often fall under a vast array signs, situations and scenarios – from the simplest of slip and falls, to the toughest and most emotional of wrongful death claims, whether its your family or you yourself representing your family its vital that you not only maintain the proper decorum and understand what is exactly possible within the specific case, but also understand that you desperately will need an experienced personal injury lawyer Brooklyn wrongful death attorney, Mr. Joel Levine, Esq. has been able to help countless men, women and families deal with the issues that surround such a heart wrenching wrongful death claim, and ensured that they got the justice they deserved, in addition to the monetary compensation they are entitled to as well. To help you understand what you need to know about wrongful death claims, here are some important facts to know.
· What Counts as a Wrongful Death Claim?
According to Brooklyn wrongful death attorney, Mr. Joel Levine, a wrongful death lawsuit involves a death that occurs as a result of one party’s negligence – as is the case with all personal injury claims, one party is the victim, while the other, is the negligent party. This is the case whether it be carelessness, incompetence, or a simple lack of action by someone who had a chance to prevent it. A wrongful death lawsuit can be levied in a variety of situations including – a person killed by a drunk driver, an individual killed during a robbery, or someone killed as a result of a doctor prescribing the wrong medication. The civil case is then filed by the loved ones that person left behind, in an effort to recover monetary damages from that negligent party – it does not carry any criminal charges.
· Who Can File a Wrongful Death Lawsuit?
In most cases, only the deceased party’s closest relatives, parents, spouse, or children can file suit. In some circumstances, other relatives like grandparents, a stepparent, or even a dependent, can file a wrongful death claim, especially if they can show some proof that they were depending on the deceased party financially. In general however, it is best to consult with your own personal injury lawyer Brooklyn wrongful death attorney, Mr. Levine believes as every case is different and certain changes might drastically alter aspects of the case, and therefore having an experienced attorney can ensure you are easily able to adapt to the curveballs that might get thrown at you.
· What Damages Should I Ask For?
In a wrongful death case, an experienced Brooklyn wrongful death attorney, like Mr. Levine and his team at Levine & Wiss, PLLC, will help you to recover the financial compensation for a number of different damages associated with the person’s death. There are quite a few items that you can possibly recover, however it is at your lawyer’s discretion – which he will go after harder than the others. Some of the most common damages awarded in wrongful death claims include – loss of income (present & future), pain & suffering, loss of inheritance, loss of quality of life, all medical bills, funeral costs, loss of support (financial and emotional), loss of companionship (as a spouse), and any other actual costs you incurred. The state of New York outlines a number of stipulations on some of these damages as well, such as the age of the children, parents or spouse claiming the damages. Therefore, having a qualified wrongful death attorney, like Mr. Levine on your case will help you know what damages you can claim and what you cannot. Also, there are certain aspects of the damages that you don’t want to be seen discussing the damages, especially in a way that is jubilant or looks very happy. As this may paint the surviving family in a negative light and make the jury limit their damages.
The fact is that there is a lot more to learn about personal injury cases, and hopefully over time, the team at Levine & Wiss can further educate the people about such travesties. For more information or to schedule your own consult, please contact us today.