Coney Island Wrongful Death Lawyer
It is impossible to place a monetary value on the life of a human being, and no one should be tasked with having to file a lawsuit in the name of a deceased loved one. However, when a person’s death is the result of the irresponsible or negligent actions of another person, the surviving family of the deceased individual has the option to file a wrongful death suit.
If you are interested in filing a lawsuit because of the way in which a loved one passed, you should seek the help of a Coney Island wrongful death lawyer to point you in the right legal direction. You may be able to recover damages for your family’s suffering and pain. Contact a dedicated and compassionate Coney Island attorney today to learn more.
When to File a Wrongful Death Claim
There are numerous circumstances that can lead to a wrongful death suit, but for the most part, these types of lawsuits occur because of the negligent actions of another person.
A wrongful death suit can only be filed by a person who represents the estate of the deceased person. Moreover, the following elements must be proved by a Coney Island wrongful death attorney:
- A person has died
- The death of the person is the result of negligent or intentional harm
- The person filing the suit is suffering financially because of the death of the deceased individual
- The person filing the suit represents the estate of the deceased individual
In most cases, a child, spouse, or parent/guardian of a deceased person will file a wrongful death suit. A suit may be filed against a person, company, organization, or a group of individuals or organizations.
Recovering Damages in a Coney Island Wrongful Death Case
If a suit is successful, the court can decide to award pecuniary damages to the plaintiff. Pecuniary damages are measurable, and they are meant to help the plaintiff recover financially from the death of their loved one. These damages can be used to pay for any expenses related to medical care, funerals, and lost wages the plaintiff’s death may have incurred.
The amount of compensation a plaintiff receives will be based on the age, health, earning potential, character, life expectancy, and intelligence of the deceased individual. In other words, the more a person earned and the more potential they had, the more their estate can recover.
A jury will usually have the responsibility of deciding the size of the award a person will receive. However, the determination of the jury is not necessarily final, and the court can adjust the amount.
For example, if the jury elects to give the plaintiff an excessively large award, the court may reduce the size of the award based on their calculations of the pecuniary damages. The plaintiff and their attorney must also provide proof of the deceased person’s income, which means the court may order a new trial if the plaintiff cannot establish the general worth of the deceased person.
Consult With a Coney Island Wrongful Death Attorney Today
To hold the person or organization responsible for the death of your loved one accountable, you may have to seek legal action. Call an experienced Coney Island wrongful death lawyer today to discuss your case.