A wrongful death lawsuit can be filed for the negligent or wrongful act of another party. Surviving family or the representative of the estate could seek recovery for the damages caused by the wrongful or negligent acts. A parent, child, or spouse of a decedent can file a wrongful death lawsuit. The personal representative of the estate can also file a claim.
If a brother, sister or cousin is named as the guardian or personal representative, they could file a wrongful death lawsuit. If there is a surviving spouse, parent or child, the distant relatives may not be able to file. Filing a lawsuit is very confusing and that’s why it’s so important to contact a wrongful death attorney in Nassau County, NY.
Pain and Suffering
The personal representative on behalf of the beneficiaries of the estate could bring a claim for pain and suffering when a person passes away. The beneficiaries would be the only individuals who are entitled to this portion. Pain and suffering compensation is given for what the deceased individual experienced before their death.
Other Losses
When family members are reliant upon the deceased individual for financial support, the wrongful death claim portion of the lawsuit is based on the surviving loved one’s damages. Pain and suffering is compensation for the decedent, and the wrongful death claim is for the survivors.
How Can an Attorney Help?
With the help of a wrongful death attorney in Nassau County, NY, they will work to show the court that monetary damages have resulted because of their loved one’s death. The attorney will also have to show that the act would have permitted the individual to recover damages if they had not passed away. Also, the attorney must show there were surviving children or dependents of the victim.
The Law Office of Steven R. Smith has years of experience helping grieving families to receive a fair settlement for the loss of their loved one. When you let a wrongful death attorney represent you or your family, they will never charge a fee. They will only receive payment for their services if they win the case. Visit the website for more information.
