Fatal Car Accident Lawyer in Westbury

Were you or someone you love hurt in a deadly collision? These tragic car crashes can happen in the blink of an eye, and they often change the lives of everyone involved forever. In fact, the surviving family members are commonly overwhelmed with grief and uncertainty perpetually.

As much as we wish we could go back in time and stop the incident from happening in the first place, a fatal car accident lawyer in Westbury can help you move forward. At Levine And Wiss, our attorneys have over 100 years of experience representing people in situations like yours. 

In that time, we’ve recovered hundreds of millions in compensation. As your Westbury car accident lawyer, we will advocate for a fair outcome in your case. With us by your side, you can rest assured that your legal rights will be protected every step of the way.

Legal Basis for Fatal Car Accident Claims in New York

Under New York law, a wrongful death claim is permitted when a fatality results from a wrongful act, neglect, or default of another party. Liability hinges on the principle that the decedent would’ve had the right to sue for personal injury in the absence of the fatal outcome. 

The wrongful death claim is brought by the decedent’s personal representative on behalf of eligible survivors. Separately, a survival action allows recovery for conscious pain and suffering, medical expenses, or other losses before death. 

In fatal car accidents, applicable laws include New York’s Estates, Powers & Trusts Law (EPTL) for eligibility and distribution, and the Civil Practice Law & Rules (CPLR). Your Westbury personal injury lawyer will know how these laws apply to your case and proceed accordingly. 

Who Can File a Fatal Car Accident Wrongful Death Lawsuit

In New York, only the personal representative—named in a valid will or appointed by the Surrogate’s Court—has the legal authority to file a wrongful death lawsuit or survival action. 

Family members cannot initiate the suit directly, though they may receive compensation through the estate. The personal representative files in the Supreme Court, ideally in the county where the accident occurred, such as Nassau County Supreme Court for Westbury incidents. 

Proper appointment involves the issuance of letters testamentary or letters of administration, establishing formal authority to initiate legal action and manage recovery proceeds. Reach out to Westbury fatal car accident lawyers for more information. 

Eligible Survivors and Distribution of Compensation

Damages recovered from a fatal car accident are distributed among survivors with documented pecuniary losses. Priority is given in this order:

• Surviving spouse
• Biological or adopted children
• Parents, if no spouse or children survive
• Other financially dependent relatives under the intestacy rules

Eligible survivors cannot file suit themselves, but they are entitled to their share of damages once a claim resolves. Claims from extended family or non-dependent individuals are not permitted whatsoever.

Statute of Limitations and Special Timing Rules

New York’s standard statute of limitations for wrongful death lawsuits is two years from the date of death. This deadline is strict, and it applies even if evidence of fault has yet to emerge. Failure to file within that timeframe generally prohibits recovery altogether.

That said, let’s take a look at some exceptions. For starters, medical malpractice deaths allow up to two years and six months under CPLR § 214‑a. Meanwhile, pending criminal proceedings can also toll the deadline for one year after those proceedings are resolved. 

Cases against public agencies require a notice of claim within 90 days and filing within six months of rejection. Last but not least, defendants who left the state or have their identity concealed are subject to a tolled statute of limitations under certain conditions as well. 

Filing Process and Required Pleadings

The filing process starts with a Summons and Verified Complaint in the state’s Supreme Court. The complaint must allege the following was true at the time of the incident:

• The decedent would have had a viable personal injury claim
• The defendant’s negligent or wrongful conduct caused death
• Eligible survivors suffered pecuniary losses
• The personal representative is authorized to file

The Verified Complaint sets forth legal and factual bases. It also identifies parties and quantifies claimed damages. After filing, the defendant must be served within the statutory window, which is typically 120 days. Otherwise, the action may be dismissed without prejudice.

Evidence Necessary for Fatal Car Accident Claims

Proving wrongful death often requires a wealth of evidence:

• Police report detailing negligence, traffic violations, and alcohol or drug involvement
• Medical records establishing the cause of death, treatment, or pain and suffering
• Witness statements and photographs or video surveillance from the scene of the crash
• Professional testimony regarding crash reconstruction, liability, and economic losses
• Financial records of income, dependency, household services, and expected support
• Toxicology or DUI evidence if impairment is alleged 

Fatal Accidents Involving Commercial Fleet Vehicles

When commercial vehicles are involved, liability can extend to multiple parties:

• The driver
• The trucking company
• Vehicle owner or lessor
• Maintenance contractor
• Freight broker, in certain cases

Commercial defendants typically retain aggressive legal representation. They often rely on professional testimonies and data from electronic logging devices, cell phone records, or maintenance logs as well. 

Economic loss valuations must address lost earning capacity, familial support, and future contributions. Your Westbury fatal car accident attorneys can make sure these points are addressed when advocating for your rights and building your case. 

Consult With Our Westbury Fatal Car Accident Law Firm Today

If someone you love was killed in a fatal car accident, you don’t have to face the aftermath of your loss all alone. The kind of grief that you’re certainly grappling with is likely deeply painful, and it can be hard to deal with legal matters when you’re in such an emotional state. 

We know this experience can leave you feeling lost, but you don’t have to go through it by yourself. Instead of isolating and stressing yourself out, contact the law firm of Levine And Wiss. Our fatal car accident attorneys in Westbury are here for you.