Life can never be replaced, and neither can a loved one. When death happens, the survivor is left devastated, forced to carry on without their partner any longer. While this is a situation that no one should ever experience, it is inevitable as life itself is finite. With that being said, if you have lost a loved one, understand that you are not left to your own devices. There are plenty of opportunities for you to get compensated for the loss of your loved one. While recovering from emotional damages is quite hard to do if not impossible, recovering financially is still quite possible.
When it comes to financial recovery, there are generally two routes you can take: wrongful death and survivorship claim. While they both help you recover finances, it happens a little differently. This article will outline the differences between survivorship and a wrongful death claim, helping you know what to expect from either route.
Survivorship Claim Vs. Wrongful Death Claim
In New York, survivorship revolves around the pain and suffering afflicted to the individuals due to the person’s death. When brought to court, such a claim attempts to help affected estates recover damages that relate to pain and suffering. This is quite similar to an injury lawsuit, where the individual is compensated for the injuries they have been afflicted with. If a survivorship claim is successful, the compensation is directed at the estate and not directly to affected family members.
A wrongful death claim, on the other hand, focuses on the individuals affected by the death of their loved one—family members, in particular. Such damages to be recovered with a wrongful death claim include suffering, grief, loss of income, medical bills, and any other expenses.
How to carry out survivorship or wrongful death claim
When it comes to creating a claim for either route, it must first be proven that the defendant is indeed responsible for the death of the individual. This includes forms of negligence, recklessness, and carelessness that have to lead to death. Only after is this proven can the claim be carried out.
After proving that they are indeed responsible for the death, you must establish a reason for the compensation. In other words, you have to show why you want to be compensated, which, in this case, would be financial losses. This can also include emotional pain felt by the individuals. Unfortunately, it is this second part that can prove confusing and complex to get right. For the best results, it is highly recommended that you work with a skilled attorney to figure out what compensation you can receive. That way, you can get fair compensation for the losses incurred to your end.
Conclusion
A death in the family is always a sad moment. Devastation and grief are to be felt. However, when it comes to finances, compensation is possible with the right claim. If you have just lost a partner, know that you can be financially compensated for the expenses and suffering you have gone through. Keep in mind that you should always hire an attorney to help you carry out the claim. They will ensure that you will be successful in your efforts, that you receive fair compensation that will ease your financial burden and help you get closure.
Ronemus & Vilensky is an accident and malpractice attorney in New York helping individuals dealing with personal injury, civil rights, sexual harassment, and more get the claim they need. If you are looking for professional attorneys to help you carry out claims, work with us today.