Losing a loved one in a car accident is devastating. As your family grieves an unexpected loss, you may also struggle with the financial uncertainty that comes with funeral expenses or the loss of a loved one who was a primary earner. Nothing can replace your loved one. However, wrongful death claims are a way to provide financial support to surviving families. Working with an attorney from Queens who understands wrongful death after a car accident can bring some clarity to a situation that is understandably overwhelming.
The car accident death lawyers at Shaevitz & Shaevitz can explain the filing process and help you move forward with a claim.
Understanding Wrongful Death Claim After a Car Accident
Wrongful death occurs when someone dies because of another party’s negligence or other wrongful conduct. If you’ve lost a loved one in a car accident in Queens, a wrongful death claim may be possible if they would have had grounds to pursue a personal injury claim had they survived. These claims must establish that another party’s negligence or other wrongful conduct caused or contributed to your loved one’s death.
In New York, the deceased person’s appointed personal representative must bring the wrongful death lawsuit. This is typically an executor, someone named in the deceased person’s will and formally appointed by the court to manage the estate, or an administrator, someone the court appoints to manage the estate, usually when there is no will.
The representative pursues compensation for eligible surviving relatives, known as distributees. In New York law, distributees may include a surviving spouse, children, parents, or more distant relatives.
What Compensation May Be Available After a Fatal Car Accident?
Compensation cannot replace your loved one, but it may help address the financial hardships that may follow. Depending on the circumstances and supporting evidence, a wrongful death claim may provide compensation for:
- Reasonable medical expenses related to the fatal injury that eligible surviving relatives paid or are responsible for paying
- Reasonable funeral and burial expenses
- Loss of financial support the deceased person would reasonably have provided
- Loss of household services
- Loss of parental guidance and support, where applicable
The personal representative may also pursue a separate survival claim on behalf of the estate. This claim may seek compensation for conscious pain and suffering your loved one experienced between the injury and death, if supported by evidence.
New York generally requires the personal representative to file a wrongful death lawsuit within two years of the date of death. Additional notice requirements or different deadlines may apply, particularly when a government entity is involved. That’s why consulting an attorney sooner can help preserve important evidence and protect legal rights.
How Can a Wrongful Death Attorney Help Your Family After a Fatal Car Accident?
A Queens wrongful death attorney can support a claim by investigating what happened, documenting the family’s financial losses, and helping the personal representative navigate the legal process. Having legal guidance can make these responsibilities more manageable during an already difficult time.
As experienced car accident death lawyers, the attorneys at Shaevitz & Shaevitz can help by investigating the fatal crash by looking at evidence such as:
- MV-104AN crash reports
- witness statements
- photographs
- Available dashcam footage
We use this context to understand how the collision occurred and identify potentially responsible parties. Next, we can gather evidence of financial losses, such as medical bills, funeral expenses, and income records, to support your claim. We can handle insurance communications and settlement discussions and help you understand any offers.
Throughout the process, we can answer your questions and explain your family’s options in straightforward language. We advocate for fair compensation so your family can focus on grieving and healing.
Discuss Your Family’s Options for Compensation at a Free Consultation
No amount of compensation can replace someone you love. However, pursuing a wrongful death claim after a fatal car accident may help ease the financial burdens your family faces and provide a path toward accountability.
At Shaevitz & Shaevitz, we understand that navigating legal matters while grieving can feel overwhelming. Our Queens car accident death lawyers will learn about your situation and handle the complexities of your claim. Our attorneys have over 65 years of experience supporting injured victims and their families. Schedule a free consultation today.
