We can provide invaluable assistance by managing the complexities of the wrongful death claim, dealing with insurance companies, and advocating for the maximum compensation deserved.
Losing a loved one in a car accident is a profound and devastating event, one that leaves families grappling with emotional distress and, often, financial uncertainty. In New York, the laws governing fatal car accident claims are designed to help compensate the families of the deceased for their loss. However, navigating these laws can be complex.
While no amount of compensation can replace a loved one, a successful wrongful death claim can offer significant financial relief and a sense of justice being served. If you are in this tragic situation, contact Apicella & Schlesinger Attorneys at Law.
Understanding Wrongful Death in New York
In New York, a fatal car accident claim typically falls under the category of “wrongful death.” This legal concept applies when the wrongful conduct, negligence, or default of another party has caused a death. The aim of a wrongful death claim is to provide relief to family members who the death of their loved one has financially or emotionally impacted.
Who Can File a Claim?
Under New York law, the right to file a wrongful death claim is limited to the personal representative of the deceased’s estate. This representative could be named in the deceased’s will or appointed by the court if no will exists. The claim is filed on behalf of the family members who have suffered a loss due to the death. Typically, these are the immediate family members such as spouses, children, or dependents.
What Damages Are Recoverable?
The types of damages recoverable in a New York wrongful death claim can include:
- Economic Damages: These can include the lost wages that the deceased would have earned had they lived. This calculation considers the deceased’s earning capacity, potential future earnings, and role in supporting the family.
- Medical and Funeral Expenses: Costs incurred for the deceased’s medical care related to the accident and reasonable funeral expenses are recoverable.
- Loss of Inheritance: This reflects the potential inheritance beneficiaries would have received without the untimely death.
- Pain and Suffering: If the deceased did not die instantly and endured pain and suffering before death, compensation for this suffering may be sought.
Time Limits for Filing a Claim
One of the most critical aspects of wrongful death claims in New York is the statute of limitations. Families have a limited time frame in which they can file a claim—typically two years from the date of death. Failing to file within this period can result in the permanent loss of the right to claim.
Navigating Fault and Insurance Issues
New York follows a comparative fault rule, which means that if the deceased was partly at fault in the accident, the compensation awarded would be reduced in proportion to the degree of fault. Additionally, dealing with insurance companies can be challenging, as they often aim to minimize payouts. It is crucial to have a skilled personal injury attorney who can negotiate effectively and ensure that the family’s rights are protected.
The Role of Legal Assistance
Handling a wrongful death claim while grieving is undoubtedly challenging. Legal support is vital. A knowledgeable personal injury attorney can provide invaluable assistance by managing the complexities of the claim, dealing with insurance companies, and advocating for the maximum compensation deserved. With more than 45 years of experience, our attorneys will help you navigate the legal complexities during this difficult time. Contact us today for a free consultation.
Free Consultation with a Bronx Car Accident Lawyer
Contact Apicella & Schlesinger Attorneys at Law to request a free consultation.
Call (212) 568-4245