Yes, you can sue for wrongful death after a motorcycle accident in New York if the accident was caused by another party’s negligence, recklessness, or intentional misconduct.
Wrongful death claims are designed to help surviving family members seek justice and recover compensation for the significant financial and emotional losses that follow the untimely passing of a loved one.
In such tragic circumstances, consulting with a skilled Long Island motorcycle accident lawyer can help you through New York’s complex wrongful death laws.
The attorney will provide critical guidance on how to pursue your claim, gather evidence, and secure the compensation your family deserves during this challenging time.
Who Is Eligible to File a Wrongful Death Claim in New York?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative is typically appointed through probate court.
However, while the lawsuit is filed by the representative, the compensation is meant to benefit specific surviving family members. These eligible parties include:
- A surviving spouse: Entitled to financial support and loss of companionship.
- Children of the deceased: Eligible for compensation related to parental guidance, emotional support, and financial assistance.
- Parents of the deceased: Often compensated if the deceased was a minor or if the parents were financially dependent on the deceased.
It’s important to note that siblings and extended relatives generally cannot recover damages unless they can prove significant financial dependence on the deceased. Your Long Island personal injury lawyer can assist in determining the eligible recipient and the process of filing the wrongful death lawsuit.
What Compensation Can You Recover After a Motorcycle Accident Death?
A wrongful death claim allows families to recover various damages stemming from the loss of their loved one. These damages can help alleviate the financial strain caused by the accident, including:
- Funeral and burial expenses: Costs associated with laying the deceased to rest.
- Lost income and benefits: Compensation for the deceased’s lost earnings, pension, or other financial contributions.
- Medical bills prior to death: Reimbursement for medical expenses incurred between the accident and the victim’s passing.
- Loss of guidance and support: Compensation for the emotional and practical loss of the deceased’s companionship, care, and guidance.
New York’s wrongful death statute focuses on economic losses, meaning it does not allow families to recover for their own emotional pain and suffering. However, these claims remain essential for addressing the financial burdens caused by a loved one’s untimely passing.
What Is the Deadline to File a Wrongful Death Lawsuit in New York?
In New York, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. Filing after this deadline could result in your case being dismissed, regardless of its merits.
There are limited exceptions to this rule. For instance, if criminal activity (such as drunk driving) contributed to the death, the statute of limitations may be extended.
This is why it’s critical to contact an experienced motorcycle accident lawyer as soon as possible. An attorney can ensure your case is filed within the required timeline and that no crucial deadlines are missed.
Click to contact our personal injury lawyers today
How Is Fault Determined in a Wrongful Death Case?
New York follows a pure comparative negligence system, which means the fault of each party is evaluated, and damages are adjusted based on their percentage of liability.
For example, if the deceased was found to be 30% responsible for the motorcycle accident, the compensation awarded would be reduced by that percentage.
Proving fault in a wrongful death case requires extensive evidence, such as:
- Accident reports
- Witness statements
- Surveillance footage
- Expert testimony from accident reconstruction specialists
A seasoned attorney at Levine And Wiss can help compile this evidence and fight to minimize any unfair assignment of fault to your loved one.
Why Choose Levine And Wiss for Your Wrongful Death Claim?
At Levine And Wiss, we understand the profound grief and hardship caused by a motorcycle accident death. Our firm is committed to helping families through these difficult times by offering personalized legal support and aggressive representation.
With over 100 years of combined legal experience and a track record of recovering hundreds of millions of dollars, our attorneys will fight to get you the compensation you deserve.
What sets Levine And Wiss apart?
- 24/7 availability: We are here for you at any time, whether you need a phone consultation, virtual meeting, or an in-person visit.
- Full–service legal team: Our in-house investigators and expert witnesses, including medical and economic specialists, strengthen every aspect of your case.
- Direct communication: You can communicate directly with your attorney throughout your case. We even offer texting options for your convenience.
- Community focus: As local attorneys, we care deeply about the New York communities we serve, regularly donating to charitable causes and staying connected with our clients.
What Steps Should You Take After a Motorcycle Accident Death?
Taking the right steps after losing a loved one to a motorcycle accident can strengthen your wrongful death claim. Here’s what you should do:
- Contact a motorcycle accident lawyer: Seek legal representation immediately to ensure your rights are protected.
- Gather evidence: Preserve any documents, photos, or records related to the accident, such as police reports and medical bills.
- Avoid speaking with insurance companies: Let your attorney handle communications with insurers to avoid potential pitfalls.
- File promptly: Meet with your lawyer to begin preparing your case and ensure it’s filed within the statute of limitations.
Contact Levine And Wiss Today
If you’ve lost a loved one in a motorcycle accident, you don’t have to face the legal process alone. Levine And Wiss is here to support you every step of the way. With a dedicated team of attorneys and a commitment to pursuing justice, we’ll fight to secure the compensation your family needs.
Contact us today for a free consultation, and let us provide the guidance and support your family needs during this challenging time. At Levine And Wiss, we are committed to helping you pursue justice and secure the compensation you deserve.
