The worth of a fatal car accident case in New York depends on factors such as the decedent’s financial support, medical expenses, and more.
A Long Island wrongful death lawyer can help you hold negligent parties financially accountable after a devastating loss.
How Much Are Fatal Car Accident Cases Worth in New York?
While there is no way to account for the loss of a life, the worth of fatal car accident cases depends on the scope of the losses involved. For example, if there were high end-of-life medical expenses, then that will raise the worth of the case. Additionally, the age of the decedent and their income at the time of their death are also significant factors.
Your Long Island personal injury lawyer will seek the maximum compensation available. Compensation in fatal car accident cases can include:
- End-of-life medical care expenses, such as emergency medical services
- The loss of the decedent’s financial support
- The loss of the decedent’s parental care, nurture, and guidance (if they left behind minor children)
- Funeral costs
- Burial or cremation costs
- The decedent’s pain and suffering due to their injuries
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What Constitutes a Wrongful Death Claim in New York?
To successfully recover compensation in a New York wrongful death claim, the death must have been due to an act of negligence.
For example, in car accident cases, negligence may include:
- Drunk driving
- Speeding
- Distracted driving
- Failing to follow traffic laws
If negligence contributed to the death of your loved one, then you can file a wrongful death claim against the at-fault party or parties.
Who Can File a Wrongful Death Claim for a Fatal Car Accident in New York?
Who can file a wrongful death claim in New York? The personal representative of the deceased’s estate must file the wrongful death claim. The representative is typically someone named in a will, but they can also be appointed by the court. This person is typically, though not always, a close family member of the deceased.
The representative can file on behalf of family members, such as:
- A spouse
- Children
- Parents
- Other dependents, if they depended on the decedent for financial support
When Must You File a Fatal Car Accident Case in New York?
Under New York’s statute of limitations timetable, wrongful death lawsuits must typically be filed within two years of the date of the death.
There are some exceptions, including:
- Criminal charges: If the at-fault party is also being criminally charged, then you have within one year of the case’s conclusion to file a wrongful death lawsuit.
- Government entities: If a government entity was involved, you generally must file a Notice of Claim within 90 days of the appointment of the estate’s personal representative.
Talk to your Long Island car accident lawyer about the expected timeline for your case.
How Can a Long Island Car Accident Attorney Help With Your Case?
In the aftermath of a loved one’s passing, you should be focused on the grieving process and spending time with family. Instead, many face complicated insurance claims and struggle with unexpected financial pressures. These pressures often lead one to wonder how much a fatal car accident case is worth in New York.
That’s where a lawyer can step in. Your attorney can:
- Handle all communications with insurance companies
- Investigate to determine all at-fault parties
- Gather evidence to strengthen your case
- File all necessary paperwork and documentation
- Negotiate on your behalf for fair compensation
- Represent your case in court if necessary
Your lawyer will also answer your questions, address concerns, and keep you updated on the status of your case.
Affording a Wrongful Death Attorney in New York
Most personal injury lawyers work on a contingency fee basis. This means that instead of paying upfront costs and fees as you go, you only pay your attorney’s fee if they successfully recover compensation for you.
How Is Negligence Proven in New York Fatal Car Accident Cases?
After a fatal car accident, your lawyer will investigate to prove negligence occurred and who was at fault.
They may:
Interview Witnesses
Eyewitnesses often offer an unbiased view of what happened. They may have noticed a driver speeding or running a red light.
Gather Evidence
Helpful evidence can include:
- Video footage of the accident, including traffic cameras or security cameras at nearby businesses that may have unobstructed views of the accident
- Physical evidence, like skid marks or debris patterns
- Documentation, such as police reports, Blood Alcohol Concentration (BAC) results, phone records, GPS data, and black box data
Consult Experts
Your lawyer may also consult with expert witnesses. For example, an accident reconstructionist can use evidence to determine and explain how an accident most likely occurred.
Contact a Wrongful Death Attorney in Long Island Today
How much is a fatal car accident case worth in New York? The settlement offer for a fatal car accident case will depend on several factors, but it can be quite high. At Chaikin Trial Group Personal Injury Lawyers, we seek the maximum compensation for our clients.
Our verdicts and settlements speak to our determination in advocating for fair compensation. Our legal team works on contingency, so there are no upfront costs when you hire us for your case.
Contact us today to schedule a free initial consultation. We will listen to your story and go over the legal options you have for your next steps. We are here for you.