Losing a loved one is always heartbreaking, but when the death is expected, you at least have the opportunity to say goodbye. Losing a family member in a sudden car accident, on the other hand, can be a much heavier burden to bear.
Although filing a wrongful death claim will not bring the deceased back, it may help your family cover the lost income, medical bills, funeral expenses, and other damages arising from the loss. Unfortunately, you can expect the insurance company to search for any possible excuse to undervalue or deny your claim.
This is where the New York wrongful death attorneys at LoTempio P.C. Law Group may be able to help.
Our lawyers have decades of combined experience taking on some of the largest insurance companies in the state. We are passionate about helping families pursue justice and the maximum compensation after the wrongful death of a loved one. To discuss your case in a free consultation, call 716-855-3761.
Read on to learn the answers to some of the most frequently asked questions about car accident wrongful death claims:
1. Who May File a Wrongful Death Claim in New York?
Unlike other states, where certain family members may bring a wrongful death claim, New York limits eligible claimants to the personal representative of the deceased’s estate. Although spouses, children, and parents might receive some or all of the resulting settlement, they cannot actually file the claim unless they also happen to be the personal representative of the estate.
2. How Long Does My Family Have to File a Wrongful Death Lawsuit in New York?
If your family wants to sue a reckless or negligent driver for the loss of a loved one, you typically have two years from the date of death to do so; however, there are exceptions to this deadline that might apply to your case. If you want to sue a government entity, for example, such as the local municipality responsible for maintaining the roads, you may have just 90 days to file a Notice of Claim with the appropriate agency.
3. What Kinds of Damages Might Be Available in a Wrongful Death Claim?
In car accident wrongful death claims, potentially recoverable damages include:
- Funeral and burial expenses;
- Medical expenses incurred prior to the death;
- Lost income and benefits;
- Loss of support and services;
- Loss of parental guidance;
- Loss of anticipated inheritances; and
- The deceased’s conscious pain and suffering prior to passing.
Dial 716-855-3761 to Discuss Your Case with a Car Accident Attorney in New York
If you recently lost a loved one in a motor-vehicle collision, turn to LoTempio P.C. Law Group. Our wrongful death attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 or use our Contact Form to set up a free consultation with a car accident lawyer in New York.