Filing a Wrongful Death Claim After a Fatal Car Accident in New York

 Posted on February 28, 2023 in Personal Injury

Every year, thousands of families are left to grieve after losing a loved one in a car accident. In such cases, families need to understand their rights and options, including how to file a wrongful death claim. As you may be aware, the purpose of a wrongful death lawsuit is to seek justice and financial compensation for the damages caused by the death. Today, we will discuss what is most important to know regarding filing a wrongful death claim in New York. If you are interested in filing a wrongful death claim, consider contacting an experienced personal injury attorney to learn about your legal options.

What is New York’s Definition of Wrongful Death?

In New York, wrongful death is defined as a death caused by another person’s negligence or unlawful act. A party can be held liable for the death if it can be proven that the party was careless, reckless, or intentionally intended to cause harm.

According to New York’s wrongful death statute, a wrongful death lawsuit may be filed by a personal representative of the deceased. Commonly, personal representatives may be named in the deceased will or may also be the administrator of the deceased estate, executor of the will, or legal guardian. When no one is designated as a personal representative before the death occurs, the court may choose to appoint a personal representative to file the lawsuit.

How Can a Wrongful Death Claim Benefit a Grieving Family, and What Kind Of Damages Are Available? 

A primary benefit of filing a wrongful death claim is receiving financial compensation for various damages. This may include medical costs, funeral expenses, lost wages, loss of companionship, pain and suffering, and loss of expected inheritance. While no amount of money can bring someone back, compensation can provide significant financial relief to grieving families.

How Can a Lawyer Help? 

When filing a wrongful death claim, an experienced lawyer can evaluate and provide guidance on how to proceed. A lawyer can also help families navigate the legal system and fight for the total compensation they may be entitled to. Furthermore, filing a wrongful death claim can be complex and emotionally draining. A wrongful death attorney can handle the paperwork, communictions with insurance companies and other parties, and settlement negotiations so the family can foccus on grieving their loved one.

Contact a Metro New York Area Car Accident Attorney

Contact the experienced Greenwich, CT, personal injury lawyers with Ivey, Barnum & O'Mara, LLC to file a wrongful death claim. Call 203-661-6000 for a free consultation.

Source:

https://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/wrongful-death/