WELCOME TO BENNETT LAW FIRM WRONGFUL DEATH
A LEADING FIRM IN PROVIDING HELP STATEWIDE
What are the elements of a wrongful death case?
Only the personal representative of a deceased person as appointed by Surrogate’s Court can bring a wrongful death action in United States, most commonly in New York and looking for wrongful death attorney los angeles. The representative must prove the defendant:
- Acted negligently
- The negligence caused the deceased person’s death
- There is a surviving child, spouse, or other beneficiaries or dependents
- The survivor(s) have suffered financial damage as a result
What damages can be recovered in a wrongful death action?
Only two elements of damage may be recovered in a wrongful death action: economic loss and the conscious pain and suffering of the deceased. The survivors cannot recover for their pain and suffering, i.e., their grief.
The estate’s economic recovery includes the reasonable value of earnings lost between the time of an initial injury to the deceased and the time of death, the cost of medical/nursing care prior to death, and funeral expenses. Survivors may recover the value of support and services; remarriage of a spouse will not reduce the award. Children of the deceased may additionally recover for loss of parental nurturing, guidance and education.
I am a survivor of someone’s death whom was cause wrongfully by another person.
- Document your claim on paper or computer
- Begin the process of probating the deceased’s estate, so that our personal representative can be appointed
- Your time is limited when it comes to lawsuits; contact one of our experienced personal injury lawyers
Changes may occur within this area of the law. The information that has been provided is brought to you as a information that will be available free and with the help and assistance of a volunteer with legal advisors, and is intended to help you better understand the laws in a general matter. It is not intended to be legal advice of any kind in regarding your particular problem or to substitute for the advice of a legal lawyer. Give us a call for any concerns of your problems!