Fatal Car Accident Lawyer in Amityville

Did you lose a loved one in a deadly collision? At Levine And Wiss, our attorneys understand how overwhelming your circumstances can be. Not only are you trying to grieve the loss of someone you cared about, but you might be stressed out by legal matters as well.

With a fatal car accident lawyer in Amityville, you won’t have to handle anything on your own. As a law firm with 15 years in business, we have recovered hundreds of millions of dollars for thousands of clients. Call us today for representation from our car accident lawyers in Amityville.

Understanding a Wrongful Death Claim in New York

A wrongful death claim is a civil action brought when a person’s death resulted from another party’s wrongful act, neglect, or default. In New York, the action is generally brought by the personal representative of the deceased person’s estate. This is done on behalf of the people legally entitled to the recovery.

New York’s wrongful death law focuses on the financial harm caused by the death. The statute allows recovery for qualifying pecuniary injuries suffered by the people for whose benefit the action is brought. Reasonable medical, nursing, and funeral expenses connected with the fatal injury are also recognized as elements of damages.

This means a wrongful death case is not simply about putting a dollar amount on someone’s life. The legal claim looks at the financial consequences that the surviving family experienced because that person is no longer here. The sooner you call a personal injury lawyer in Amityville, the sooner your legal counsel can take action on your behalf.

The Role of the Estate in a Fatal Accident Case

One part of a fatal accident claim that often confuses people is the distinction between the estate’s claim and the family’s wrongful death claim. These are related, but they are not necessarily the same cause of action.

If someone survives an accident for a period of time before dying from their injuries, the estate can have a separate claim for damages associated with the injuries that occurred prior to death. New York law provides for survival of certain personal injury causes of action after death.

When an injury causes death, damages in the survival action are generally limited to losses accruing before death, along with qualifying funeral expenses. A wrongful death action, by contrast, addresses the losses resulting from the death itself.

Proving Negligence After a Fatal Collision

A wrongful death claim arising from a car accident generally depends on establishing that another party is legally responsible for the crash. In a typical negligence case, your fatal car accident lawyers in Amityville must prove that the following is true:

• The defendant owed a duty of reasonable care.
• The defendant breached that duty.
• The defendant caused the accident due to their actions or lack thereof.
• You suffered damages as a result of their decisions.

The evidence can come from many sources. Police reports, photographs, traffic-camera footage, vehicle damage, accident reconstruction, witness accounts, cellphone records, medical records, and other evidence can help establish what happened.

The Amityville fatal car accident attorney handling your claim can look beyond the police report. Investigators can examine the scene, identify witnesses, and preserve available evidence.

It’s also helpful to hire an attorney because they can look for information that helps establish how the collision occurred. That work is particularly important when the person who died is no longer available to explain what happened. The evidence has to tell the story.

Insurance Coverage Can Affect the Claim

New York requires minimum liability insurance for vehicles registered in the state. For ordinary vehicles, the required minimums pertain to both bodily injury and death coverage. The limits differ based on whether one person or multiple people are hurt, if not fatally, in a crash.

The amount of available insurance can therefore become a significant issue in a wrongful death case. A lawyer can identify applicable policies, review their coverage limits, communicate with insurers, and determine whether additional sources of coverage exist.

Families should also understand that an insurance company’s initial offer isn’t automatically a measure of the full value of your claim. The insurer evaluates matters with their interests in mind, but your Amityville fatal car accident attorneys can review the offer on your behalf.

Legal Deadlines Should Not Be Treated Casually

New York has different statutes of limitations depending on the type of claim. The ordinary limitation period for many personal injury actions is three years under CPLR § 214. Meanwhile, under Estates, Powers and Trusts Law § 5-4.1, the current statute provides a two-year deadline from the date of death for commencing a wrongful death action.

This deadline is important because families sometimes assume that they have plenty of time to decide whether to pursue a claim. Waiting too long can put the case at risk, so it’s important to call an attorney who can carry out the following on your behalf:

• Make sure you adhere to applicable timeframes.
• Determine which deadlines apply to the circumstances.
• Complete required legal steps within the applicable period.

Claims involving government entities, insurance coverage, and particular defendants can involve separate procedural requirements. Our fatal car accident attorneys in Amityville can identify the right deadlines and work to make sure your claim is filed properly.

For Legal Help From Amityville Fatal Car Accident Attorneys, Contact Levine And Wiss ASAP

While there is no legal claim that can undo the loss of your loved one, a wrongful death lawsuit is intended to hold responsible parties accountable through the civil justice system. It’s also an opportunity for victims to seek compensation for losses recognized under New York law.

At Levine And Wiss, our Amityville fatal car accident attorneys understand that the legal process often involves an in-depth investigation, insurance negotiations, settlement discussions, and court filings. With a full staff of investigators on our side, we’re not afraid to litigate or go to trial.

You can trust our lawyers to handle your case from beginning to end while standing by your side throughout the entire process. We work to build claims that are supported by evidence rather than empty promises. Call us today to discuss your legal options.