No family expects to lose a loved one in a car accident. When it happens because another driver made a careless decision, you’re left trying to make sense of what happened while dealing with everything that comes after.
You may be wondering who can be held responsible or how you’re supposed to endure the financial impact of your loss. Our fatal car accident lawyers in Elmont can handle the legal side of your case so you can be there for your family through this difficult time.
Levine And Wiss has recovered hundreds of millions of dollars for New Yorkers injured in accidents. Call today for your free consultation and find out how our car accident lawyers in Elmont can help with your case.
Understanding Your Legal Options After a Fatal Car Accident
A serious accident can lead to both criminal and civil cases. Even if the driver who is responsible faces criminal charges, your family may still have the right to pursue compensation in civil court.
Depending on the circumstances, your case may involve:
- A wrongful death claim
- A survival action brought by your loved one’s estate
Our personal injury lawyers in Elmont will evaluate your situation and explain which legal options may apply. In some cases, your family may wish to pursue both types of claims, though there are specific rules and legal requirements for each.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit allows certain surviving family members to seek financial compensation after losing a loved one because another person or business failed to exercise reasonable care.
Although no legal action can change what happened, pursuing a claim can also give families an opportunity to hold the responsible party accountable under New York law.
A wrongful death lawsuit centers on the losses experienced by surviving family members after their loved one’s passing. Our fatal car accident attorneys in Elmont can review your losses and help you understand the extent of the damages you may recover.
Elmont Fatal Car Accident Lawyer Near Me
(888) 468-4878Compensation After a Fatal Car Accident
Every fatal car accident case is different, and the value of a wrongful death claim depends on many factors. After reviewing the circumstances surrounding your loved one’s passing, we can identify the damages that may be available under New York law. These may include:
- Medical expenses connected to your loved one’s fatal injury or illness may be recoverable when allowed under New York law.
- Reasonable burial and funeral expenses may also be included as part of a wrongful death claim.
- Your family may seek compensation for the income and employment benefits your loved one would have earned had the fatal accident not occurred.
- A claim may account for the future financial support your loved one would likely have provided to eligible family members.
- Compensation may also reflect the value of the household services your loved one regularly performed before the accident.
In New York, recovery for a survivor’s emotional grief is barred under EPTL § 5-4.3, which restricts wrongful death damages strictly to financial losses. However, the estate of the deceased may pursue additional compensation through a survival action.
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What is a Survival Action?
A survival action is different from a wrongful death claim. It allows the departed person’s estate to seek damages the individual could have recovered had they survived the accident. For example, a survival action could include compensation for:
- Medical treatment received before death
- Conscious pain and suffering experienced before they passed away.
- Lost wages incurred between the accident and death
- Property damage and other losses sustained by the deceased
Because these claims have different legal purposes, families can often pursue both at the same time. Our Elmont fatal car accident lawyers can figure out who is responsible and suggest the best legal strategy to protect your family’s interests.
No-Fault Insurance and Fatal Car Crashes
New York follows a No-Fault insurance system for most motor vehicle accidents, which means that injured drivers and passengers typically turn to their own insurance coverage for certain financial losses after a crash. However, fatal car accident cases are handled differently.
When a collision results in the loss of life, it automatically triggers the serious injury criteria that allows the estate to file a lawsuit beyond No-Fault coverage. The deceased person’s representative may have the right to pursue a wrongful death claim on behalf of surviving family members.
Family or concerned parties can contact our law firm as soon as possible following the accident to learn what to do if you suspect a wrongful death.
Get Help from Our Fatal Car Accident Attorneys in Elmont
The unexpected loss of a family member in a preventable car accident can affect every part of your life. Pursuing a legal claim may help ease some of those burdens while seeking accountability from the party whose negligence caused the collision.
Our fatal car accident attorneys in Elmont are committed to providing compassionate guidance and dedicated legal representation during this difficult time. If you believe another driver’s negligence caused your loved one’s death, we’re here to help.
Our team at Levine And Wiss has more than 100 years of combined legal experience. Contact us today to schedule your free, no-obligation consultation.