There are no words to describe the heartbreaking loss of a loved one. It’s always hard when someone passes away, but it becomes even more difficult when you’ve lost someone due to the negligent or criminal acts of another. It truly can be a devastating experience to go through. Your family may be feeling like there is a large part of their lives now taken away. While no monetary reward can ever heal the emotional pain of losing someone who you care deeply about, it can bring justice as well as provide financial relief for your family while you try to sort out how you are going to carry on. Here is some helpful information on recovering wrongful death damages in New York.
Recovering Wrongful Death Damages | Actions to Take
When a loved one is killed and the family pursues a wrongful death claim, there are two avenues of relief for them. The first is a survivorship action and the second is a wrongful death action. Because of this, it is entirely possible that there will be two different people that will be responsible for each action separately. That is something you will need to work out with your attorney before you can proceed.
Recovering Wrongful Death Damages | Survivorship Action
A survivorship action is an incredibly difficult reason to be awarded damages. What it essentially means is that you are seeking damages because your loved one suffered a great deal before they died of their injuries. It is a form of personal injury in that there was pain and suffering before your loved one died. The damages will be determined in that scope. The burden of proof is going to be to show that the decedent was aware of what was going on before they died. This could have been sounds they were making that indicated pain, or even things they may have said. It is a horrifying thought, and gathering evidence on your own may seem unbearable, which is why having an attorney by your side is so valuable.
Recovering Wrongful Death Damages | Wrongful Death Action
If you are responsible for recovering wrongful death damages, you will be looking to get compensation for all financial losses. This can include but is not limited to lost wages, loss of companionship, loss of household duties, as well as the cost of hiring someone to perform tasks that this loved one used to do. For example, if they were the person you mainly relied on to care for your children, you may be entitled to damages that will pay for childcare expenses. To get these damages, you have to prove that you were dependent on this person for support in some regards. This can be further discussed in your initial consultation with your attorney.
If you need to sit down with an experienced New York wrongful death attorney to determine how you are going to file a wrongful death claim, please call our office today for a free consultation. Brian Elbaum is here to help you through this utmost difficult time.