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What Type of Damages Can You Collect in a Wrongful Death Lawsuit?



September 29th, 2014

Sometimes a person is killed because of the reckless or negligent behavior of someone else. The victim’s family may file a wrongful death lawsuit against the person who is responsible. The wrongful death lawsuit determines the amount of damages surviving family members can collect.

A wrongful death lawsuit is applicable in the following cases:

  • When a person is unintentionally or intentionally killed.
  • When a person dies because of medical malpractice.
  • When a person dies in an automobile accident.

Who can file a wrongful death lawsuit?

  • Children of the victim: Children of the victim can file a lawsuit to claim compensation for their parent’s death.
  • Parents of minors: Parents of minors may file a lawsuit if one of their children is killed.
  • Distant relatives: Distant relatives of the victim, like grandparents, can file a wrongful death lawsuit.

Types of damages collectible in a wrongful death lawsuit

  • Survival claims: A person can file a claim for the pain and suffering of the victim before death.
  • Medical expenses: You can recover medical expenses incurred by the victim before death.
  • Compensatory damages: You can recover lost wages your loved one would have earned if still alive.
  • Punitive damages: Punitive damages punish the person who is responsible for the wrongful death. The responsible person must pay the compensation.
  • Burial claims: The lawsuit can claim compensation for funeral and burial expenses.

Wrongful death attorney in New York

If you have a wrongful death case, then hire Mr. Dervishi of Dervishi Law Group, P.C. in New York. The firm has experience in dealing with wrongful death cases. Call 917-300-0797 for a consultation.

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