Hicksville Wrongful Death Lawyer
Not every death is the fault of someone else, but any death resulting from activity that would otherwise be the subject of a personal injury lawsuit may be grounds for a wrongful death claim.
In the turbulent times following such a tragic event, a Hicksville wrongful death lawyer can strive to hold individuals, companies, and government entities responsible for the actions that have robbed a family of a loved one.
How Might a Wrongful Death Happen?
Most wrongful deaths are the result of actions that would normally give rise to a personal injury claim, such as motor vehicles accidents, slips and falls, and assaults. In a wrongful death case, the plaintiff alleges that the actions of the defendant resulted in a death instead of just physical injury.
Most deaths are the result of natural causes, like an acute disease or simply advanced age. While a medical malpractice claim may be appropriate in some rare circumstances, for the most part natural causes do not qualify as grounds for a wrongful death lawsuit, since no one can be considered legally responsible for the death.
Legally speaking, it is also not a wrongful death if the deceased was negligent or at-fault in their accident—with one prominent exception being a mechanical failure. For example, if a plaintiff can show that the brakes in a vehicle involved in a fatal accident were improperly installed by a mechanic or built with a defect, investigation of the facts may reveal grounds for a lawsuit.
Who Can Pursue the Case?
In a personal injury claim that does not involve a death, the plaintiff must be the injured person. In a wrongful death case, the claim must instead be pursued by the decedent’s personal representative.
In many situations, this is a person expressly named in a will. If the decedent had no will and a court recognizes that a lawsuit may be pending, a representative will be appointed. The representative files the claim on behalf of the decedent’s estate, including the decedent’s surviving family.
What Damages May the Plaintiff Recover?
Hicksville offers a two-pronged method for plaintiffs to recover damages in a wrongful death suit. The first category involves the plaintiff claiming damages directly associated with the death. These may include funeral costs, medical bills up until the death, and lost earning potential that the decedent would have provided to their family.
The second category of compensation deals with the less measurable damages caused by the death, such as:
- Pain and suffering of the decedent
- The value of emotional support and family time lost due to the death
- The value of any lost parenting to surviving children
Unlike many other states, Hicksville does not limit the amount of potential damages that a jury may award. For this reason, it can be extremely important for a wrongful death case to fully and accurately reflect the value of the loss of a loved one upon their family.
Enlist a Hicksville Wrongful Death Attorney to Help You Move Forward
No amount of money can fill the void left by the death of a loved one. However, the decedent’s family should not have to bear the burden of medical costs, lost wages, and lack of companionship that results when a death is someone else’s fault.
A Hicksville wrongful death attorney may be able to provide peace of mind to a family while aggressively pursuing those responsible for the death. Hicksville law states that any wrongful death claim must be filed no more than two years from the date of death, so as soon as you are ready, contact a Hicksville wrongful death lawyer to get started on your case.