On behalf of Albert Buzzetti & Associates, L.L.C. posted in Wrongful Death on Thursday, September 12, 2013.
The death of a family member is an incredibly difficult loss for the surviving members emotionally, especially when it is due to the negligence of another. They often also have significant financial burdens that result as well. Although it doesn't bring their family member back, receiving compensation for these damages can relieve some of the burden imposed on them.
An elderly New York man was recently involved in a fatal accident. The man was standing by the mailbox in front of his home when he was struck by an SUV. The man was killed in the accident. The driver of the SUV failed to stop at the accident and check on the man. Authorities are still investigating the accident and are seeking assistance from anyone who may have information on the collision.
If a person dies as the result of the negligent or improper conduct of another person or entity, it is considered a wrongful death. To be successful in a wrongful death action, a victim's family must establish that certain elements are present. These elements are the death of a person, caused by the negligence or harmful intent of another, surviving family members that are damaged financially as a result and a personal representative being appointed to the estate of the victim.
If a victim's family is successful in such an action, the next determination to be made is the amount of damages. This amount is based on the pecuniary injury suffered by the family and takes into account numerous factors. When the victim is elderly, this amount may be limited. The limited recovery is due to the lack of earning potential for people past retirement age. Additionally, children of elderly people are often adults that no longer require their guidance or support. Anyone damaged in a similar situation should seek the counsel of an experienced wrongful death attorney to receive guidance about their potential rights to compensation and their responsibilities of proof.