Losing a loved one is never easy. However, when a person dies because of someone else’s careless or intentional conduct, it can be particularly devastating and amplifies the grief felt by the family. While your top priority is likely putting your loved one to rest, you shouldn’t overlook the fact that you have the right to seek justice. If you’ve lost a loved one in a fatal car accident, you should enlist the help of a compassionate Bronx Wrongful Death Lawyer who can help you file a wrongful death claim. Please continue reading to learn who can file a wrongful death claim in New York and the damages that may be recovered.
Who is Eligible to File a Wrongful Death Claim Following a Fatal Car Accident?
Generally, when someone is injured due to another person’s actions or negligence, they are entitled to file a personal injury lawsuit to seek monetary compensation for the damages they’ve endured. When someone loses their life due to the negligent or intentional act of another, the right to pursue legal action against the negligent party passes to the victim’s personal representative. A personal representative is usually appointed by the probate court or designated in the victim’s will. The personal representative will act on behalf of the surviving family members entitled to inherit from the estate. This may include a spouse, children, parents, siblings, or other relatives.
It’s crucial to note that if your loved one suffered fatal injuries in a car accident due to another’s negligence, you have two years to file a wrongful death claim. The personal representative of that estate must file the claim.
What Damages Can Be Recovered in a Wrongful Death Claim?
The amount and type of compensation you may be entitled to from a wrongful death claim will depend on the specific circumstances of your case. However, some of the damages you may be eligible for include:
- Funeral arrangements: This covers the costs of laying your loved one to rest through cremation or burial.
- Loss of income: If the victim was a financial contributor or the primary earning for the household, you can recover compensation for the wages or earnings your loved one would have provided to you if they had lived.
- Medical costs: This covers healthcare expenses related to the deceased’s final moments.
- Conscious pain and suffering: This covers the cost of your loved one’s pain and suffering before passing away.
- Loss of benefits: This covers the value of any benefits the victim would have provided if they lived, such as health insurance, pension, or retirement plans.
- Punitive damages: Additional compensation may be awarded to punish the negligent party for their egregious conduct and deter others from acting in the same manner.
If you’ve lost your loved one in a fatal car accident, please don’t hesitate to contact a determined lawyer from the legal team at James Newman, P.C., who can help you hold responsible parties accountable for their actions and fight for maximum compensation.
