According to the Centers for Disease Control and Prevention, motor vehicle accidents are a leading cause of death in the U.S. Every year, thousands of people lose their loved ones in tragic car accidents, and are left to live with the difficulty of this reality. When the actions that caused your loved one’s motor vehicle accident could have been prevented, it can leave you wondering where you can turn for help. At William Mattar Law Offices, we’re here to fight for the compensation your family needs for funeral costs, loss of wages, and burial plans, so you can grieve the loss of your loved one.
Our car crash lawyers want to help your family move forward during this difficult time. Let us take some of the burden off your shoulders. Our legal team has more than 30 years of experience helping motor vehicle accident victims and their families, and we’re ready to help protect your legal rights—just dial 844-noswap444-4444 or fill out a free initial consultation form.
WHAT IS A WRONGFUL DEATH CAR ACCIDENT LAWSUIT?
When someone’s negligent—or careless—actions behind the wheel cause a victim to suffer fatal injuries, a wrongful death claim or lawsuit may be filed by the victim’s loved ones. The purpose of a wrongful death claim or lawsuit is to compensate surviving family members or dependents for various losses resulting from their loved one’s death. In the state of New York, the statute of limitations for a wrongful death case is 2 years from the date of death.
A wrongful death car accident case can be complex and it may be beneficial to speak to a car accident attorney about your options.
Common causes of wrongful death car crashes
Wrongful death car accidents can occur due to the negligence of a driver, entity, or business. Negligence can categorize many different actions, behaviors, and circumstances. But, there a few common causes of fatal motor vehicle accidents.
- Intoxicated Drivers: Drivers who choose to drive under the influence of drugs or alcohol endanger the lives of everyone on the road. Families who lose loved ones because of an intoxicated driver’s actions may have the right to file a wrongful death claim in civil court.
- Reckless Driving: Speed limits, traffic signals, and lane restrictions exist to help create an orderly flow of traffic. When drivers who choose to ignore the rules of the road cause deadly accidents, they can be held accountable for damages faced by surviving family members.
- Distracted Driving: By now, it’s common knowledge that using cell phones and other devices behind the wheel reduces reaction time and heightens the risk of injuries and death on our roadways. Families who lose their loved ones due to a distracted driver’s negligence may be able to file a wrongful death claim for the compensation they need to move forward.
- Defective Motor Vehicle Parts or Products: Car parts, such as brakes and steering systems, can sometimes fail, leading to life-threatening situations. In these types of cases, a mechanical part may be defective (either due to manufacturing or design) or neglected by a vehicle’s owner. Either way, unsafe vehicle parts can pose a danger to the motorist and all other drivers and passengers on the road.
- Hazardous Roads: The condition of roadways may play a role in a wrongful death case. If a road is poorly maintained, it can be dangerous to drivers, especially if they are not able to anticipate the hazards. Various dangers can include potholes, bumpy or unstable surfaces, and missing or defective traffic signals and signage.
If someone’s negligent driving resulted in the death of your loved one, contact a personal injury attorney at William Mattar today.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
In a wrongful death car accident case, the “personal representative” of the deceased person’s estate has the right to file a claim or lawsuit. In New York, the representative is appointed by Surrogate’s Court. Often, the representative of an estate is a spouse or immediate family member.
A representative may file a claim or lawsuit against the party that’s liable for the deceased’s accident and fatal injury. Liable parties in wrongful death cases sometimes include:
- The driver of the vehicle that injured the deceased
- A government agency or municipality that failed to maintain roads
- A company, such as a car manufacturer that’s responsible for defective vehicle parts
The liable party is unique to every case. You can speak with your personal injury attorney to help determine who may be liable for your loved one’s accident.
COMPENSATION FOR A WRONGFUL DEATH CAR ACCIDENT
To receive compensation in a wrongful death case, you must prove that a person or entity acted in a negligent manner, and that this negligence resulted in the deceased person’s death. There also must be a surviving beneficiary or dependent, such as a spouse, child or grandchild. Compensation for a wrongful death car accident may cover economic and non-economic damages. These include, but are not limited to:
- Funeral costs;
- Expenses prior to the death of the deceased, including medical care;
- Pain and suffering of the deceased prior to death;
- Loss of companionship suffered by loved ones; and
- Loss of parental nurturing and guidance.
The value of your wrongful death claim may depend on a variety of factors. The income and anticipated future earnings of the deceased, and the “contributions” made to family members by the deceased, may affect the worth of a claim. Your car accident attorney can analyze the details of your case and help evaluate the potential value of your claim.
WILLIAM MATTAR WANTS TO HELP
Losing a loved one is devastating, especially if it’s as the result of an unforeseen circumstance such as a motor vehicle collision. The process of filing a wrongful death claim can be stressful and complicated. At William Mattar law offices, our car accident lawyers want to help make this process easier on you and your family. Call 844-noswap444-4444, or contact us online today, to see how William Mattar may be able to help you during this difficult time.