When it comes to the world of personal injury law, there are a number of different areas in which individuals need to familiarize themselves with, at least on a surface level. The fact of the matter is that while these issues might seem to be quite crazy and almost like they would never happen to some, they are in reality quite possible and can legitimately happen to anyone. And while its not something someone should actively have to think about or even want to bring into their atmosphere, one of the most common forms of personal injury lawsuit in this day and age, is the wrongful death claim. According to Mr. Suren Gabriel, the top wrongful death lawyer Rockville Center has to offer, in recent years wrongful death claims have certainly gone up across the board in areas all over the country. While much of this is due to the violence that happens on a daily basis in our urban communities, this isn’t just exclusively left up to them. In fact, wrongful death claims can happen to anyone, and for any reason. According to Mr. Gabriel, as the best wrongful death attorney NYC has to offer, some of the simplest of cases, even a simple slip and fall can turn deadly if an individual might hit their head the wrong way on the ground. In this sense, it’s not something that someone should expect or fear for on a daily basis, but they should know such a thing exists and know that it is a legal recourse to justice and getting some retribution, from the death of a fallen loved one. In this article, we will explore a few of the most vital things an individual should know about wrongful death claims.
· Who Can File a Wrongful Death Claim?
When it comes to wrongful death one of the most important things to know, according to Mr. Gabriel, the best wrongful death attorney NYC has to offer, is who can represent a deceased individual on behalf of themselves, in such a case, and attempt to claim some form of compensatory damages on behalf of their surviving loved ones. Do take note that the representative who will file the case is different from those who can claim the wrongful death damages. The deceased’s personal representative will be filing the case on the dead’s behalf and surviving relatives. The representative can either be appointed by the court or named in the will or estate plan of the deceased.
· Who Can Claim the Actual Damages?
According to Mr. Suren Gabriel, as the best wrongful death lawyer Rockville Center has to offer, when a wrongful death lawsuit is filed, the representative must list a number of possible beneficiaries who might be able to claim the damages. These individuals can include everyone, including:
o Other blood-related family members
o Children who are born out of wedlock that are being supported by the deceased.
· What Types of Damages Can Be Claimed?
Its important to understand what that you can actually claim as damages on behalf of a deceased loved one. According to Mr. Gabriel, as the best wrongful death attorney NYC has in practice, there are different types of damages that can be claimed by the deceased’s bereaved and it varies on their relationship. For the immediate family members, which are the spouse and children, they can receive compensation for emotional distress and loss of companionship. On the other hand, parents of the deceased cannot claim for damages on emotional distress unless the deceased is a minor. Damages in medical expenses, wages, and funeral costs can also be claimed and this is measured from the time of negligence until the recorded time of death. This means that the total medical costs incurred for the whole duration of the deceased’s hospital day until their passing, can be claimed by the rightful beneficiaries in addition to funeral expenses and the deceased’s lost wages.
For more information on all there is to know about wrongful death, be sure to contact Gabriel Law Firm today.
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