Baldwin Wrongful Death Lawyer
The pain and emotional suffering that comes from a loved one dying cannot be described, and the pain is even greater when the carelessness or recklessness of another person caused the death. However, if your loved one died at the hands of another party, you may be entitled to compensation.
Filing a wrongful death lawsuit can be difficult, especially if you attempt to do so on your own. Fortunately, with the help of a Baldwin wrongful death lawyer, you could have a guide throughout the legal process. A skilled attorney can advocate on your behalf to help you get the justice you deserve.
How Does One File a Wrongful Death Claim?
Wrongful death claims may arise from a number of circumstances, including truck crashes, criminal activity, and car accidents. For a wrongful death suit to be successful, an attorney must be able to prove the following:
- The death of the person was caused by the negligence of another person or their intent to cause harm
- Surviving family members are suffering a financial injury as a result of the death
- The person filing the lawsuit is a representative of the estate of the deceased person
Only immediate family members and spouses can file wrongful death lawsuits, meaning only parents, children, and spouses can file suit. It is also important to note that a wrongful death case must be filed within the statute of limitations. In other words, estate representatives only have a limited amount of time to file a suit. If they do not file within the window of time provided, the court may not hear their case at all.
What is an Attorney’s Role in a Wrongful Death Case?
The benefit of hiring a Long Island wrongful death lawyer is that they have extensive experience handling these types of cases and know how to maximize a family’s chances of obtaining adequate compensation. A skilled legal professional could effectively calculate the amount of economic and non-economic damages that a person’s family sustained as a result of their loss.
Some of the harms that a family suffers in the wake of a loved one’s death are not always easily translated into dollar amounts, which is why professional assistance is especially crucial during this process.
Damages Rewarded in a Case in Baldwin
If a surviving estate representative files a successful suit, a court may award them pecuniary and/or punitive damages. Pecuniary damages can be calculated by the court and are meant to reimburse the survivor for any financial damages they incurred. The amount of compensation a person will receive depends on the earning capacity, health, character, and age of the deceased person. The amount awarded can be used to pay for medical costs, lost wages, living expenses, and lost inheritance.
In general, pecuniary damages do not take the pain and suffering of a person into consideration. Also, families of higher-earning, younger individuals may recover more compensation than older or younger individuals who may or may not have a steady stream of income.
Punitive damages, on the other hand, cannot be calculated so easily. Punitive damages are ultimately awarded in an attempt to punish the defendant and prevent them from engaging in similar behaviors in the future. However, it is important to note that these damages are relatively rare and only rewarded for especially egregious behavior.
Get in Touch With a Baldwin Wrongful Death Attorney
If your loved one died as a result of another’s negligence, you may have grounds for a wrongful death claim. By filing a claim, you can get the justice you seek and the compensation you need and deserve. Get in touch with a Baldwin wrongful death lawyer at the soonest possible opportunity to get started.