In the past years, the right to bring up a legal claim against a wrongdoer ended if the victim died. In that case, if a person’s actions caused the death of another one and the victim died, the person at fault would not pay for any damages incurred. However, the personal injury law has become favorable over the years. Today, it is possible to continue with a lawsuit even if the victim died. The survivors of the victim have the right to sue the wrongdoer for the wrongful death of their loved one. However, not any individual who knew the deceased can file a wrongful death lawsuit. Mostly, the eligible people are the children of the departed, their parents, spouse, and other close family members. New York personal injury lawyers assist people in filing lawsuits for the wrongful death of their loved ones. This is a critical moment, and these experts understand how appreciative it gets to have someone to help. If you died before your claim is complete, here is what happens.
The Survival Actions
In a wrongful death case, the people you leave behind can sue for the loss they have experienced from losing you. As mentioned earlier, not anyone is eligible for filing the lawsuit. The most eligible survivors are your family members, including your parents and children. The rules of wrongful death cases differ with states. However, the survivors get compensated for damages like;
- Medical bills they incurred before your demise
- Funeral expenses
- Pain and suffering
- Loss of income
- Loss of companionship
- Loss of support, both emotional and financial
- Loss of consortium
When you die even if your lawsuit was halfway from being settled, the eligible survivor takes after you, and they can get compensated the same damages you filed for. Every state has different laws concerning how wrongful death claims work and what actions the survivors should take. It also indicates who can file the lawsuit, the types of damages considered eligible for compensation, and the statutes of limitations.
What If You Die from Reasons Unrelated to the Injury?
Let’s say you were injured in a car accident and died a few months after contracting coronavirus, the case involving the injuries you incurred from the accident will continue. However, the survivors cannot get compensation for the death, considering that it is unrelated to the incident. One thing you need to know is that the period between the event of the injury and your death can make the damages vary. However, if the wrongdoer’s actions caused your death, the surviving plaintiff will sue the person at fault for your loss and other damages sustained. The state will put a cap and limits on the damages that your survivors can be able to recover.
The Final Thought!
It is possible to complete your lawsuit even after you die. However, the circumstances will differ depending on the cause of your death and the period it took before you died. The survivors, your parents, offspring, or any close family member, are eligible for filing the lawsuit to recover the damages incurred. It, hence, makes sense to hire a wrongful death lawyer to help in navigating the situation.
