Laws Governing Wrongful Death Damages
With personal injury lawsuits on the rise, year over year, the idea of negligence and liability are being argued more so than ever before. The fact is that personal injury lawsuits canen compass a vast number of different circumstances in which one injured or otherwise “damaged” party, brings suit to another, at-fault party, accused of negligent actions. Some of the most common forms of personal injury lawsuits include things like car accidents, construction site injuries, slip and falls, and even instances in which a wrongful death occurs. Wrongful death, while it might not be the most common, can often be the most devastating, as these types of cases involve the death of a loved one, often long before their time. According to Levine & Wiss’ own, Mr. Joel Levine, Esq. considered to be the best wrongful death lawyer Brooklyn has to offer, because these are extreme cases, often involving a number of moving parts, and a host of emotional issues, as well as family members jockeying for control over the suit, it is vital to hire an experienced and knowledgeable wrongful death attorney such as Mr. Levine.Not only must your attorney prove that the individual has died as a result of the specific actions in question, but they must also prove that those actions were negligent in nature, and weren’t simply some type of fluke. And having won a number of wrongful death lawsuits, Mr. Levine has garnered the reputation of being the best wrongful death lawyer Brooklyn has in practice – winning millions in compensation for his clients. The fact is that wrongful death complicates things quite a bit, and are far more intricate to take on than general personal injury claims. For example, one of the most difficult aspects of a wrongful death lawsuit is identifying which compensatory damages can be claimed, and by whom they should be claimed mostly due to these complex laws, they set out a specific set of guidelines on what can be claimed in the event of wrongful death claims – and they will differ based on the type of wrongful death – for instance, if it took place following a medical malpractice issue or possible gunshot, during the commission of a crime.
During these types of complex cases, in order to proceed with damages, the plaintiff’s side, essentially the immediate family of the deceased party – they must show two specific things prior to making a claim: 1) the malpractice/negligence of the doctor (for medical malpractice leading to wrongful death) or the negligent party in question,and how these negligent actions caused the injuries in some way and 2) a financial approximation can be set onto these damages. In the event the patient dies however, there are 2 specific laws that must be adhered to. According to Mr. Levine, the best wrongful death lawyer Brooklyn has to offer, the victim’s side must follow guidelines of both “survival statutes” and “wrongful death statutes”.
Survival statutes state that the heirs of family left behind by the deceased person, are allowed to recover any damages that are incurred during the time period from the initial medical malpractice until the death of the patient. Essentially, it covers all damages that were to be provided had the patient lived, in any normal malpractice suit, except anything pertaining to future bills or earning capacity. Mr. Levine, like any experienced personal injury attorney will undoubtably also seek reimbursement for things like funeral expenses (sometimes covered in the wrongful death statutes).
Wrongful death statutes
While the survival statutes are in place for current and past financial compensation, the Wrongful death statutes are in place for compensation based on future monetary losses. There are a number of other issues to take into account, such as the deceased future earning capacity, the patient’s spending, saving, and working habits. While typically, the wrongful death statutes haven’t covered any pain and suffering or emotional losses incurred due to the patient’s death, recently some states have made some concessions for it in some states. Also, who is covered by the statute must be determined by the courts as in some cases, the wife and kids can be covered, but the victim’s parents cannot be – and of course in some states they can be.
The death of any spouse or family member can be a tragic event in your life, to hold the negligent party accountable, and get the justice you deserve be sure to contact Levine & Wiss, PLLC. today.