Hempstead Wrongful Death Lawyer
Losing a loved one is never easy, but it can be especially hard when someone else’s actions caused their death. Family members of people who lose their lives due to someone else’s actions often seek justice and compensation for their loved one’s death by filing a wrongful death lawsuit.
If your family member was killed as a result of someone else’s negligent or intentional behavior, you might be able to file a lawsuit seeking damages with a compassionate personal injury attorney’s assistance. Contact a Hempstead wrongful death lawyer to learn more about your options.
Defining Wrongful Death
A wrongful death is one that results directly from another party or entity’s intentional act or an act of negligence. Family members of the deceased can pursue these cases after any type of incident that, had the affected party survived, would have served as grounds for them to file a personal injury suit.
In Hempstead, the only person who can file a wrongful death claim is the personal representative of the deceased’s estate. Close family members of the deceased cannot pursue these cases on their own unless they have been named personal representative by either the decedent’s will or by a probate court judge.
The personal representative could pursue damages on behalf of the deceased’s heirs and beneficiaries and would hold any compensation won in trust for the people to whom the proceeds belong. Throughout this process, a Hempstead wrongful death attorney could provide guidance and help ensure all recoverable damages are accounted for.
Requirements for a Wrongful Death Lawsuit
A decedent’s personal representative must file a claim for wrongful death within two years of their passing. If the personal representative misses this deadline for any reason, they would likely be barred from presenting the case again in the future.
To successfully win damages in a wrongful death lawsuit in Hempstead, the personal representative must prove that a wrongful or negligent act caused the death. There must also be at least one surviving family member or beneficiary who suffered a loss as a result of the deceased’s passing, and the estate must be eligible to recover damages.
It is important to note that by the letter of the law, the right to pursue a wrongful death claim belongs to the deceased, not their surviving family. This is why, since the decedent cannot file the claim themselves, such a case must be pursued by their personal representative, who would have had the same right if they survived.
Damages in Wrongful Death Cases
Unlike in many other states, wrongful death lawyers in Hempstead cannot help surviving family members pursue damages for their emotional losses or pain and suffering in a wrongful death lawsuit. Instead, they are limited in their recovery to their actual financial losses, such as the costs for medical care or treatment before death, the costs of funeral and burial expenses, and lost financial support that the decedent provided to their family.
In some cases where the defendant’s actions were extremely reckless or depraved, a judge may award punitive damages which are unrelated to losses that the deceased or their family suffered. These damages are meant to punish the defendant for their wrongdoing. For more information, consult with a knowledgeable legal professional.
Seek Justice with Help from a Hempstead Wrongful Death Attorney
Dealing with the unexpected passing of a loved one can be hard enough without taking on the legal challenges associated with a wrongful death. An experienced attorney could help you and your family pursue a civil claim and help you recover financially from your loss.
If your family member passed away due to the negligent or intentional actions of another person, a Hempstead wrongful death lawyer could go over the legal options available to you and your family. Call when you are ready to schedule a consultation.