Wrongful death law is a legal term that refers to a person who has died under neglectful or criminal actions of another. A next of kin can file a lawsuit in the name of a loved one who has died in this way. A wrongful death attorney in Nassau County, NY assists in the litigation process.
An attorney’s skills and knowledge in wrongful death litigation is crucial to the success of the plaintiff’s legal endeavors. The odds are raised for a wrongful death case to be denied, or the payout minimized when there is no legal assistance.
How Damages Are Determined in Wrongful Death Lawsuits
Damages for wrongful death cases fall under pecuniary and punitive damages. Pecuniary losses stand for the value in the case concerning money. The age, earning capacity, and the state of health the decedent was in while living is evaluated. Determining these things may not be as easy as it seems though.
A wrongful death attorney in Nassau County, NY can accurately assess these aspects of pecuniary damages. It needs to be determined the financial condition surviving relatives are in without the decedent. For instance, if the surviving spouse has a job that pays enough to care for herself and children, the family may get less money than a spouse who is not financially independent.
Punitive damages punish someone who deliberately hurt the decedent. Punitive damages can be awarded for wrongful death in some jurisdictions.
Modifications Made in a Jury’s Award
When a case has a jury, they determine the magnitude of damages. However, their statement is not final. The awards in damages may be changed for more or less by the court.
An example would be when the decedent had gambling problems or other habits that wastefully depleted income. The family’s monetary recovery may be reduced because of that.
A family can still be awarded pecuniary losses when the decedent was unemployed. People become unemployed for one of many reasons, such as lay offs. A jury may feel that the decedent was able-bodied and had potential to provide for the family in the future, once successfully employed.
Because the lost family member will not be able to provide for them in the future, the family is awarded in pecuniary damages. Schedule a consultation at the Law Office of Steven R. Smith. Visit online to learn more about the services provided by them.
