Losing a loved one in a car accident is an unspeakable tragedy. Such a loss can cause lifelong effects, including financial loss and emotional distress.
While no amount of financial compensation can bring back your lost loved one, compensation won through a wrongful death lawsuit can help to cover both present and future expenses.
In this blog post, we will outline what happens when someone is killed in a car accident. In the state of New York, there are certain limitations placed on a wrongful death claim that we will highlight.
What Is a Wrongful Death Claim?
If a family member has been killed in a car accident and you believe that it has been the result of either negligence or an outright wrongful act, you can seek damages by filing a wrongful death claim. In the state of New York, a wrongful death claim must be filed within two years of the deceased person’s death.
If you have lost a loved one in a car accident, speak to Get Gary in Long Island, New York, about your options.
Who Can File a Wrongful Death Claim?
In New York, a wrongful death claim is deemed to be the responsibility of the personal representative of the deceased person’s estate. A claim may seek damages for losses suffered by the heirs of the deceased, as well as beneficiaries and devisees. The best way to handle these is with the help of a New York wrongful death lawyer or a New York City car accident lawyer who understands the nature of your case.
What Must Be Proven in a Wrongful Death Lawsuit?
Liability against the negligent party must be proven. Had the deceased person lived and brought a claim seeking compensation for injuries sustained, they would have had to prove negligence on the part of the other party.
In the case of a wrongful death lawsuit, it is up to the person’s personal representative to prove liability against the negligent party. When on the road, motorists owe a duty of care to other road users. If they disobey traffic safety laws resulting in a fatality, they may become liable for the consequences of their actions.
What Damages Can I Claim?
Examples of damages that can be claimed through a wrongful death lawsuit include funeral and burial expenses, lost wages and benefits, lost inheritance, pain and suffering endured by the deceased’s family, the value of parental nurturing and care, and more.
Speak to our team at Get Gary for a comprehensive breakdown of the damages that you may be entitled to through a wrongful death claim in New York.
What Happens When Someone Is Killed in a Car Accident?
Speak to Get Gary in Long Island, New York, today to learn more about your options. Our experience and professional team can help you secure vital financial compensation to help with both present and future expenses.
Call today to learn more about what happens when someone is killed in a car accident.
FAQ
What Is a Wrongful Death Lawsuit?
It is a kind of lawsuit brought by family members when someone dies as a result of either negligence or an intentional act.
Who Can Make a Claim of Wrongful Death?
A representative of the deceased person’s estate may file a wrongful death lawsuit.
What Must Be Proven in a Wrongful Death Lawsuit?
The other party must be found to have caused the death through negligence or committed an outright wrongful act.
Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.
