What are the legal rights of the surviving family members?
In New York, a wrongful death case is a civil action brought by surviving family members when a person has died due to the negligent, reckless, or intentional act of another. When a wrongful death occurs, surviving family members have several legal rights. First, family members can seek damages for medical and funeral expenses, lost wages and services, and the loss of companionship. The amount of damages awarded is typically determined by the court and can vary depending on the facts and circumstances of the case. Second, surviving family members have the right to file a wrongful death claim against the at-fault party or parties. This lawsuit seeks compensation for the wrongful death, as well as damages for the emotional, physical, and financial pain and suffering caused by the death. Finally, surviving family members have the right to be represented by a wrongful death attorney. A wrongful death attorney can help the family to identify the responsible parties, assess the damages suffered by the family, gather evidence, and negotiate with the parties responsible for the wrongful death. The attorney can also provide legal advice and assistance in bringing a claim to court. Overall, wrongful death cases provide surviving family members with legal rights that take into account damages suffered due to the wrongful death as well as compensation for the pain and suffering endured. An experienced wrongful death lawyer can help surviving family members to seek justice and fair compensation for their loss.
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