The death of a friend or a loved one can be an extremely traumatic experience. In a vast array of fields, wrongful death can occur, which can only seem to make matters worse. Many individuals find themselves asking about legal help, not sure what the right steps are. If you find yourself in such a situation, here are a few frequently asked questions about wrongful death and if you should consider filing to help ease the burden.
Q: Can I bring legal action based on the death of a child or elderly person?
A: Yes. You are able to file for damages based on the death of an elderly person or a child. Sometimes, however, the damages awarded are lower for these types of individuals.
Q: Can damages be awarded for pain and suffering of the deceased?
A: Yes. You are also eligible for awarded damages based on possible pain and suffering that occurred prior to death.
Q: Can I seek damages in New York for an unborn child?
A: No. As per Endresz v. Friedberg, 24 N.Y.2d 478, The New York Court of Appeals upheld the decision to exclude an unborn fetus from possible damage seeking.
Q: How is the amount of damages determined?
A: There are many factors that go into determining the amount, such as contributions in the past, overall health prior to death, age, earnings, future earnings, and many more.
Q: Is an attorney necessary for a wrongful death lawsuit?
A: YES. A case this serious should not be handled alone. It is crucial to hire an experienced attorney to aid in the fight for the damages you are seeking within your case.
Founded in 2000, Gaines, Novick, Ponzini, Cossu & Venditti, LLP brings together a group of highly qualified attorneys focused on serving the legal needs of individuals, businesses and municipalities throughout New York, Connecticut and the surrounding areas. To learn more about our firm, please click here to see a summary of our practice areas, or contact us at 914-288-9595 or by filling out this online form today.