Losing a loved one in a car accident that someone else caused is an incredibly difficult experience. The pain and grief can feel overwhelming, and you may be unsure about how to move forward. If you're considering filing a wrongful death claim after a car accident in New York, know that you don't have to face this process alone. An experienced wrongful death attorney can guide you through the legal steps and help you seek maximum compensation for the loss of your loved one.
While no amount of money can ever truly compensate for your loss, a wrongful death claim may provide financial support and hold the responsible party accountable. To learn more about your legal options, reach out to a knowledgeable wrongful death attorney in your area today for a free consultation. They can evaluate your case and advise you on the best path forward during this challenging time.
Table of contents
- What is a Wrongful Death Claim?
- Who Can File a Wrongful Death Claim in New York?
- Elements of a New York Wrongful Death Claim
- How an Attorney Proves Negligence in a Car Accident Wrongful Death Claim
- Damages a Lawyer Can Help You Recover in a Wrongful Death Case
- Statute of Limitations for Filing a Wrongful Death Claim in New York
- The Benefits of Hiring a Wrongful Death Attorney
- Contact a Wrongful Death Attorney Now
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of a person who died due to another party's negligent, reckless, or intentional actions. The purpose of this type of claim is to seek compensation for the losses suffered by the deceased person's family as a result of the untimely death.
Difference Between a Wrongful Death Claim and a Personal Injury Claim
While both wrongful death and personal injury claims arise from harmful acts, they differ in key ways:
- The plaintiff: In a personal injury case, the injured person files the lawsuit. In a wrongful death case, the personal representative of the estate files the lawsuit.
- Damages sought: Personal injury claims typically seek compensation for the injured person's medical expenses, lost wages, and pain and suffering. Wrongful death claims focus on the losses suffered by the surviving family members, such as loss of financial support, companionship, and funeral expenses.
- Legal process: The procedures and timelines for filing these claims can differ, with different time limitations.
Who Can File a Wrongful Death Claim in New York?
New York law sets forth specific requirements regarding who can file a wrongful death claim. Unlike some states where family members can file directly, New York requires the personal representative of the deceased person's estate to initiate the claim.
The personal representative, often a close family member, is appointed by the court. While the personal representative files the claim, they do so on behalf of the deceased person's surviving family members who may be eligible to receive compensation. These beneficiaries generally include:
- Spouse
- Children
- Parents
- Siblings
The specific beneficiaries and their right to compensation depend on their relationship to the deceased and the circumstances of the case. For example, if the deceased had a spouse and children, they would typically take priority over parents or siblings in terms of compensation.
Elements of a New York Wrongful Death Claim
To successfully pursue a wrongful death claim in New York, several key elements must generally be established. Understanding these components can help you grasp the strength of your case and what your attorney will need to prove.
- Duty of care: The at-fault party had a legal obligation to act in a way that didn't put others at unnecessary risk. In the context of a car accident, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of duty: The at-fault party failed to uphold their duty of care. This could involve actions like speeding, running a red light, or driving under the influence.
- Causation: The breach of duty led to the accident and subsequent death. Your attorney must show a clear link between the at-fault party's actions and your loved one's passing.
- Damages: The death resulted in quantifiable losses to the surviving family members. These can include financial losses, loss of support and services, and emotional suffering.
- Timeliness: The claim must be filed within the statute of limitations, which is two years from the date of death in most cases. Notice of Claim requirements must also be adhered to.
How an Attorney Proves Negligence in a Car Accident Wrongful Death Claim
Establishing negligence is a cornerstone of any wrongful death claim resulting from a car accident. An attorney can employ various strategies and gather evidence to build a strong case demonstrating the other party's fault.
- Accident reconstruction: Your lawyer may bring in experts to analyze the accident scene, vehicle damage, and other physical evidence to determine how the crash occurred and who was at fault.
- Witness statements: Eyewitness accounts can provide valuable insights into the events leading up to the accident and support your claim.
- Police reports: Official accident reports often contain crucial details about the crash, including preliminary assessments of fault and any citations issued.
- Traffic camera footage: If available, video evidence can offer proof of how the accident unfolded.
- Cell phone records: In cases where distracted driving is suspected, an attorney can subpoena the at-fault driver's phone records to show they were using their device at the time of the crash.
- Medical records: These documents can demonstrate the direct link between the accident and your loved one's death, as well as any pain and suffering they endured before passing.
- Expert testimony: Along with accident reconstruction specialists and traffic safety experts, an attorney can call upon medical professionals to provide expert opinions supporting your case.
Damages a Lawyer Can Help You Recover in a Wrongful Death Case
When pursuing a wrongful death claim, an attorney can work to secure compensation for various types of losses experienced by you and your family. These damages fall into several categories:
Economic Damages
- Medical expenses related to the deceased's final injury or illness
- Funeral and burial costs
- Loss of the deceased's expected income and benefits
- Loss of inheritance
- Value of services the deceased would have provided to the family
Non-Economic Damages
- Loss of companionship, guidance, and support
- Pain and suffering experienced by the deceased before death, also known as a “survival action”
Punitive Damages
In cases of extreme negligence or intentional misconduct, an attorney may pursue punitive damages in court. The court rarely awards exemplary damages, and they usually do so to punish the at-fault party and deter similar behavior from others. Still, they can form a significant portion of your compensation if your case qualifies.
No matter your case, an attorney can carefully calculate these damages. They may consult with economic experts and life care planners to account for all current and future losses. They'll then negotiate with insurance companies or argue your case in court to secure fair compensation for your family.
Statute of Limitations for Filing a Wrongful Death Claim in New York
The statute of limitations is a legal time limit within which a personal injury lawsuit must be filed. Once this period expires, the court will likely dismiss any claim brought after the fact, regardless of its merit.
In New York, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. This means the personal representative of the estate must initiate the legal action within this timeframe. There are some exceptions to this rule. An experienced attorney can review the facts and ensure all necessary steps are taken within the required timeframes to protect your rights.
The Benefits of Hiring a Wrongful Death Attorney
Hiring a wrongful death attorney offers numerous advantages that can ease your burden and improve your chances of a favorable outcome.
- Legal knowledge and experience: Wrongful death laws are complex and vary by state. An attorney who handles these cases regularly understands the nuances of New York law and how to build a strong claim.
- Investigation and evidence gathering: Attorneys have resources to conduct thorough investigations, collect evidence, and work with experts to strengthen your case.
- Accurate valuation of damages: Calculating the full extent of your losses, including future damages, requires skill and experience. An attorney can ensure all potential compensation is accounted for.
- Negotiation skills: Insurance companies often try to minimize payouts. Your attorney can negotiate on your behalf, leveraging their experience to counter lowball offers and push for fair compensation.
- Courtroom representation: If a fair settlement isn't reached through negotiation, your attorney can represent you in court, presenting a compelling case to a judge and jury.
- Stress reduction: By handling the legal aspects of your claim, an attorney allows you to focus on grieving and supporting your family during this difficult time.
- No upfront costs: Most wrongful death attorneys work on a contingency fee basis, meaning you pay no attorney fees unless they secure compensation for you.
- Objectivity: Grief can sometimes cloud judgment. An attorney provides an objective perspective, helping you make informed decisions about your case.
Contact a Wrongful Death Attorney Now
If someone else’s carelessness or recklessness caused a car accident in New York that killed a close family member, the attorneys at William Mattar, P.C. are here to help. We understand the emotional and financial toll of such a loss and can fight zealously to secure the compensation your family deserves.
With years of experience handling wrongful death claims, we know how to build strong cases and negotiate effectively with insurance companies. Our attorneys can guide you through the legal process while protecting your rights and ensuring your voice is heard.
Don't wait to seek the justice your loved one deserves. Contact William Mattar, P.C today for a free case evaluation. Our team is ready to listen to your story and advise you on the best path forward. Let us handle the legal complexities while you focus on healing and honoring your loved one's memory.