Losing a loved one is a painful experience, and if that loss was caused by someone else's negligence, the pain can be compounded by a sense of injustice. In such cases, filing a wrongful death claim can help surviving family members seek compensation for the loss of their loved one. If you are considering filing a wrongful death claim in Jericho, New York, it is essential to understand who can file a claim and who is entitled to damages.
Who can file a wrongful death claim?
In Jericho, the law states that only certain people can file a wrongful death claim. The first category of eligible claimants is the decedent's surviving spouse. If the decedent did not have a surviving spouse, their children can file the claim. If the decedent had no surviving spouse or children, their parents can file the claim. If there are no surviving spouse, children, or parents, the personal representative of the decedent's estate can file the claim.
It's important to note that only one wrongful death claim can be filed for each decedent. If multiple people are eligible to file a claim, they must agree on who will do so. If they cannot agree, the court will make a decision.
Who is entitled to damages?
If the wrongful death claim is successful, the claimant or claimants may be entitled to damages. In Jericho, there are two types of damages that can be awarded in a wrongful death claim: economic and non-economic.
Economic damages are meant to compensate the claimant for actual monetary losses incurred as a result of the decedent's death. These may include medical expenses, funeral expenses, and loss of income or support. Non-economic damages, on the other hand, are meant to compensate the claimant for intangible losses, such as emotional pain and suffering, loss of companionship, and loss of enjoyment of life.
The amount of damages awarded in a wrongful death claim can vary widely depending on the circumstances of the case. Factors that may be considered when determining damages include the decedent's age, health, earning potential, and the nature of their relationship with the claimant.
Check Here: Wrongful death lawyer Jericho
In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the defendant for particularly egregious behavior and are not directly tied to any specific losses incurred by the claimant.
Conclusion
Filing a wrongful death claim can be a complex and emotional process, but it can also provide a sense of closure and justice for surviving family members. If you are considering filing a wrongful death claim in Jericho, it is important to consult with an experienced attorney who can guide you through the process and help you understand your rights and options. Remember, only certain people can file a wrongful death claim, and the amount of damages awarded can vary widely depending on the circumstances of the case.