Losing a loved one in a car accident is one of the most devastating experiences anyone can endure. It brings with it not only immense emotional pain but also the stress and confusion of navigating what comes next. If you are here, you may be seeking answers about what your family can do in the face of such a loss. Our firm understands the worry and uncertainty you are feeling, and we want you to know that we are here to guide you. Handling a wrongful death case is never simple, but our team is dedicated to helping you achieve the justice and compensation you deserve while treating your family with care and compassion every step of the way.
Understanding Wrongful Death in Car Accidents
When someone loses their life in a car accident caused by another person’s negligence or reckless behavior, it can be grounds for a wrongful death claim. In New York, wrongful death is a legal term used to describe a situation where another party’s actions or inactions led to a loss of life. It could involve reckless driving, driving under the influence, failing to obey traffic laws, or any other preventable behavior. The aim of pursuing a wrongful death claim is to hold the responsible party accountable and secure financial relief for the surviving family members who are now facing emotional and financial hardships.
New York laws regarding wrongful death cases can be complex. It is important to note that not everyone can bring forward a claim. Typically, only the personal representative of the deceased’s estate is allowed to file. Any compensation awarded through a claim is meant to benefit certain family members, such as a spouse, children, or parents, depending on the circumstances of the case. This process can seem overwhelming, but having a knowledgeable attorney by your side can make it more manageable.
The Importance of Proving Negligence
To succeed in a wrongful death claim, it is essential to prove that the other party was negligent and that this negligence directly led to the accident and subsequent loss of life. This often involves demonstrating that the responsible party had a duty to act with care and that they failed in this duty. Examples include a driver running a red light, texting while driving, or speeding in hazardous weather conditions. Evidence such as witness testimonies, traffic camera footage, and police reports often play a crucial role in establishing negligence.
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Benjamin J.
Andrews
Robert
Maranto
Tom
Kotrys
Anthony
Iacono
Robert J.
Maranto, III
It is important to act quickly after the accident to preserve evidence. Many families feel overwhelmed by the legal process, but we are here to help shoulder the burden. Our firm knows how to gather the necessary information to build a compelling case on your behalf.
What Compensation Can Cover in a Wrongful Death Case
Families facing the loss of a loved one often wonder what compensation can address. In wrongful death claims, the goal is not just to provide financial relief but also to acknowledge the impact of the loss. Compensation can cover funeral and burial expenses, medical costs incurred before the loved one passed, lost income and benefits that the deceased would have provided, and emotional damages related to the loss of guidance, companionship, and support.
The court may also consider the pain and suffering experienced by the deceased prior to passing, as well as other factors unique to the family’s circumstances. Each wrongful death case is different, so the specific damages recoverable will depend on the details of the case. Families should remember that no amount of money can truly replace what has been lost, but seeking compensation is an important way to ease the financial burdens they now face.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Understanding the Statute of Limitations in New York
In New York, wrongful death claims are subject to a statute of limitations, which is a legal deadline for filing a case. Generally, families have two years from the date of the loved one’s passing to initiate a claim. Missing this deadline could result in losing the right to seek compensation, no matter how strong the case might be.
Because time is limited, it is critical to consult with an attorney as soon as possible. Acting promptly allows for a thorough investigation, the collection of evidence, and the preparation of a strong case. Even though families often need time to grieve, it is important to ensure their legal rights are protected within this timeframe.
Why Legal Support Matters in a Wrongful Death Case
Wrongful death cases are challenging, not only because of the emotional toll but also due to the legal complexities involved. Families often face resistance from insurance companies that may try to minimize the payout or deny liability altogether. Having a trusted attorney to advocate for your family ensures that you are not navigating this process alone.
An experienced attorney can handle the communication with insurance companies, negotiate settlements on your behalf, and, if necessary, represent you in court. They understand how to present evidence effectively and counter the tactics often used by insurance adjusters to undervalue claims. Most importantly, an attorney offers a sense of stability and guidance during an otherwise uncertain time.
How Our Firm Can Support Your Family
At our firm, we approach every wrongful death case with compassion and dedication. We know that your family has already suffered a tremendous loss, and we are committed to doing everything possible to help you find justice. From the initial consultation to the resolution of your case, we work closely with you to ensure your questions are answered and your concerns are addressed.
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We believe that no family should have to face the aftermath of a wrongful death without strong legal support. Whether through negotiations or litigation, we fight tirelessly to achieve the best possible outcome for our clients. Our goal is to help ease your burdens so that you can focus on healing while we focus on securing the compensation you deserve.
Take the First Step Towards Justice
If your family has suffered the tragic loss of a loved one in a car accident, you do not have to face this journey alone. Our firm is here to stand by your side and provide the support you need during this difficult time. We are ready to listen to your story, answer your questions, and help you pursue the justice and compensation your family deserves.
Contact us today to schedule a consultation. Let us help you take the first step toward holding the responsible party accountable and securing the future for your family. Together, we can seek justice and work towards a brighter tomorrow.