Understanding Wrongful Death and Its Legal Implications
The abrupt loss of a loved one is a heartbreaking experience, made even more distressing when it occurs due to another's negligence. Wrongful death refers to a situation where a person's negligent or intentional action results in the death of another. It's a severe legal issue, carrying profound emotional and financial implications for the bereaved family.
In wrongful death cases, the executor or administrator of the estate has the right to file a lawsuit against the negligent parties on behalf of the deceased. The executor is an individual named in the deceased's Last Will, entrusted to carry out the Will's provisions once approved by the Surrogate’s Court through the probate process. If a person dies intestate, without a will, the Surrogate’s Court appoints an administrator who can initiate a wrongful death proceeding on behalf of the deceased's family.
Importance of Qualified Legal Counsel in Wrongful Death Cases
To navigate the complexities of a wrongful death case and ensure fair compensation for your family's loss, you need experienced and skilled legal representation. A wrongful death attorney understands the nuances of such cases, providing crucial legal advice and helping you seek justice for your loved one's untimely and tragic loss.
Wrongful death claims can stem from a variety of personal injury scenarios such as:
Slip and fall or other accidents on another's property
The Complexities of Wrongful Death Cases
With a long-standing presence in the Village of Freeport and experience serving residents of Freeport, Hempstead, Roosevelt, and surrounding areas, the Law Office of Stern and Stern brings deep community ties and a strong track record in wrongful death litigation. Our firm understands the intricacies involved in such cases and is dedicated to providing compassionate, comprehensive legal support.
While monetary compensation can never truly compensate for the loss of a loved one, wrongful death claims aim to alleviate the financial burden brought on by such loss. You may be entitled to damages for lost future earnings and benefits of the deceased, along with direct expenses such as medical bills and funeral costs.
The Scope of Compensation in Wrongful Death Claims
Another vital aspect of wrongful death compensation is the Loss of Companionship. This consideration accounts for the emotional pain and suffering experienced by the family due to the loss of their loved one's care and support, including parental care to minor children.
"Pain and suffering" refers specifically to the physical and psychological pain experienced by the victim prior to death or loss of consciousness. In particularly outrageous or careless incidents, a jury may award punitive damages aimed at punishing the offender for their heinous actions.
Understanding the Procedural Aspects of a Wrongful Death Claim
Initiating a wrongful death claim can be a daunting task, especially while grieving the loss of a loved one. The claim often involves complex legal procedures that can be stressful and overwhelming for those unfamiliar with the legal terrain. Generally, the process begins with the gathering of essential information such as accident reports, medical records, witness testimonies, and any other evidence that substantiates the negligence leading to the death. A crucial part of this step is determining the liable parties, which could range from an individual to a corporate entity, or even a government agency, depending on the case specifics.
In addition to identifying the liable parties, it's also essential to correctly evaluate the claim's worth. This involves a thorough calculation of economic damages like loss of future earnings, medical expenses, and funeral costs, as well as non-economic damages such as pain and suffering, loss of companionship, and emotional distress. A qualified wrongful death attorney can provide invaluable guidance in these areas, ensuring that all potential damages are considered and appropriately quantified.
Contact Stern and Stern Law Offices for Wrongful Death Legal Representation
The executor or administrator of the estate can initiate a wrongful death case. However, it's important to note that the probate process can be lengthy and that a wrongful death case must be filed within two years from the date of the deceased person’s death. If you've lost a loved one due to an accident caused by another person’s negligence, call the Law Offices of Stern and Stern for a free consultation at 516-634-0345. We're committed to guiding you through this challenging time and seeking justice for your loss.