Facing a tragic loss can be overwhelming. This article will help you grasp the basics of filing a wrongful death lawsuit in New York after a fatal car accident.
Fatal car accidents are devastating and life-altering experiences for the victim’s family and loved ones. Understanding your legal rights and potential recourse is essential.
If you have lost a loved one due to an accident, we are deeply sorry for your loss. At Apicella & Schlesinger Attorneys at Law, we will help successfully guide you through the process of filing a wrongful death lawsuit.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit arises when a person dies due to the legal fault of another individual or entity. This could result from negligence, such as reckless driving or intentional harm. In New York, the decedent’s personal representative, typically an executor or administrator of the estate, can file such a claim.
Grounds for a Wrongful Death Lawsuit in New York
To have a valid claim in New York, you must generally prove the following five elements:
- A death occurred;
- The defendant’s wrongful conduct caused the death;
- If the decedent had survived, they could have pursued a personal injury claim;
- There are surviving family members who have suffered a loss as a result of the death; and
- The decedent’s estate can recover damages.
The family may be entitled to compensation if a fatal car accident occurs due to another party’s negligence or misconduct.
Compensation in Wrongful Death Lawsuits
In wrongful death claims, compensation aims to help the family cover financial and emotional losses resulting from their loved one’s death. These can include:
- Medical expenses incurred prior to death;
- Funeral and burial costs;
- Lost income, including what the victim would likely have earned in the future;
- Value of services the deceased would have provided;
- Loss of parental guidance for surviving children; and
- Pain and suffering endured by the deceased prior to death.
Statute of Limitations in New York
It’s crucial to note that in New York, the statute of limitations for wrongful death claims is typically two years from the date of the person’s death. If you don’t file a lawsuit within this timeframe, you may lose your right to compensation.
Working with a Wrongful Death Attorney
Navigating a wrongful death claim can be complex and emotionally draining. Legal processes require detailed evidence gathering, strategic negotiations, and potentially a court battle. An experienced wrongful death attorney can be invaluable during this challenging time. They can guide you through every step of the process, ensuring that you understand your rights and options and making sure that every necessary procedure is correctly handled.
At Apicella & Schlesinger Attorneys at Law, we have dedicated our practice to helping families like yours seek justice after fatal car accidents. With over 45 years of experience, we understand the emotional toll these circumstances can take and are committed to fighting for the justice and compensation your family deserves.
Our knowledge of New York’s wrongful death laws and substantial trial experience makes us the ideal partner to have by your side. We can investigate your claim, negotiate with insurance companies, and, if necessary, represent your interests in court.
Speak With a Fatal Car Accident Lawyer
Losing a loved one in a car accident is one of the most challenging experiences one can endure. While no amount of compensation can make up for your loss, a wrongful death lawsuit can help alleviate some of the financial burdens and serve as a way to seek justice.
If you are facing this difficult situation, don’t go through it alone. Our fatal car accident lawyers are ready to stand with you and provide the compassion, guidance, and relentless representation you need during this challenging time. Call us today for a free consultation.