How are Damages Dispersed When It Comes to a Wrongful Death Claim?
In recent years, as the laws surrounding personal injury claims are constantly changing – moving up and down to include a whole host of different legal standards and practices, that unless otherwise followed, can lead individuals on a path that leads them to having their case or claim, unfortunately thrown out of court. Unfortunately, according to lawmakers in New York City, and the top wrongful death lawyer Long Island has to offer, Mr. Joel Levin Esq. as of 2019, survivors who bring a wrongful death lawsuit in New York are not able to recover damages for the sorrow, emotional trauma and loss of companionship that they experience after the death of a loved one – in a majority of cases (it is still possible in certain scenarios following their death, albeit rare ones). In addition, it is however, possible to recover damages for the conscious pain and suffering and the fear of their impending death – just as long as you first file the claim, before your partner or relative has past on. The fact is these types of feelings can be quite scary to confront, especially while their loved one is still alive – as no one wants to ever believe that their relative has no chance to make it out of their current condition and wont experience some sort of one in a million chance, miracle to bring them back – despite the chances of such a thing being, again, one in a million. According to the top wrongful death lawyer Long Island has in practice, Mr. Joel Levin Esq., the main reason for this is that it feels as though you are giving up on your partner. However, in the event that they live, it is easily dealt with – this type of an instance makes it clear as to why families need to acquire the services of a well-trained, top flight personal injury lawyer to help them not only sort out such issues when they arise, but to deal with certain complications surrounding such issues before they occur as well and to have a contingency plan in place for similar instances and what should be done.
Who Can Receive Money from a Wrongful Death Claim?
In New York City, a wrongful death lawsuit can be filed by the spouse, child or parent of the victim. In some cases, other family members of the victim may file the lawsuit if they have been explicitly named the representative of the deceased’s estate. According to Mr. Levine, the top wrongful death lawyer Long Island has to offer, any compensation awarded from the wrongful death lawsuit will be distributed based on the economic losses resulting from the fatal accident. This will be specified in settlement documents. Most often, the individuals who are given the cost of damages based on of the wrongful death awards are the spouse and children, although this is not always the case depending on who the victim was financially supporting at the time they passed – as they are suffering from their loss as well. As for such damages, that are rewarded in a survivor ship claim, for any conscious pain and suffering, or even the fear of impending death, will go to the estate of the victim. Interestingly enough, the estate is then distributed according to the will. If the victim died without a will, the estate will be distributed according to New York estate law:
- When an individual passes away, and has a spouse, but no children – the estate goes to the spouse.
- If a spouse and children are present, then $50,000 and half of the balance goes to the spouse, while the other half is divided equally among the children.
- If there are children but no spouse – the estate is divided equally amongst children.
- If parents and no spouse or children exist – the estate is left to the parent(s).
- If siblings exist, but no spouse, children or parents – the siblings split the estate evenly.
For more information on wrongful death damages, and other personal injury claims, be sure to contact Levine & Wiss, PLLC today.