How Can Someone Seek Compensation And How Are Payouts Determined?
What Else Would Someone Be Seeking Compensation For In Addition To Their Injuries?
In any kind of accident, you obviously are entitled to your lost wages, you’re entitled to the medical benefits and certainly, if you have some sort of permanency, you should certainly be compensated for any type of disability that you have on a long-term basis and if your injuries are likely to progress, like you may need back surgery in the future or you may need further treatment, a lawyer can have an expert give a life care plan in certain cases, especially traumatic brain injuries or cases of working involving people who performed labor but cannot perform labor anymore. A lot of times, the lawyers will have labor analyses done and economists come in and do projections of the difference between what they can make currently and what they could have made had they not been injured and that’s another element of damages that people are entitled to. Talk about this, it is important to also talk about people who are in the union, calculation of all their fringe benefits like vacation pay and that sort of thing.
How Are Payout Amounts Actually Determined? Is It Based On Seriousness Or Death That Results In More Payment In Financial Terms?
Certainly. All personal injury lawyers start with the economic losses and try and figure out what the economic losses are that a person has sustained; for example, what are their lost wages, what are their uncompensated medical bills and what are they going to lose, lost wages, in the future.
After that, experienced accident attorneys look at the injury itself and how much treatment they have had to have; for example, a case where someone has had surgery, obviously, has more value over someone who didn’t have surgery. In terms of the wrongful death cases, for someone who died a horrific death, the family members are going to be entitled to more than someone who died quickly. For example, drowning deaths or deaths by fire, those kinds of deaths are obviously going to be more substantial than somebody who died instantaneously. Likewise, if the case involves wife with kids who are relying on the breadwinner; those cases are going to be worth a lot more than a 20-something-year-old or a teenager who wasn’t providing support to anybody. So, there are a lot of factors that go into how much a person is entitled to.
In Case Of A Wrongful Death Case, Is The Spouse Or Loved One Of Someone Killed In A Trucking Accident Automatically Entitled To That? What Kind Of Parameters Are Involved?
Under New York’s no-fault law, regardless of fault, there are certain no-fault obligations. There is a death benefit under no-fault, it’s not big, but there is a death benefit, they are entitled to incidental expenses such as the funeral, burial expenses, etc. but also, as part of a lawsuit, a spouse or a child or someone who suffered a wrongful death in New York is entitled to bring a lawsuit through the estate. So you will have to go to Surrogate’s Court and get letters of administration to be able to commence the lawsuit on behalf of the estate and the estate will include all claims of the individuals who had a financial loss because of that person’s death. Usually, the spouse and the children or the dependents of the person who died. Typically, the amount is calculated based on their past earnings, the amount of support that the person provided and this is not just talking about economic, it also includes values for a father for coaching or education and support and those sorts of other elements too, they all have a financial value, they have to be included. Our New York wrongful death attorneys have been through this process many times and have the experience to make this process as painless as possible for someone who lost a loved one in a truck accident.
To talk about Compensation And Payout Amounts In A Trucking Accident, call the law office of Michael Joseph at (212) 858-0503 and get the information and legal answers you’re seeking.