
Morelli Law can help the families of people killed in fatal car accidents get compensation to cover the financial shock. With a fatal car accident lawyer on your side, you can fight for justice on behalf of your lost loved one and make those responsible pay for what they’ve done.
Wrongful Death Claims in New York
People have the right to sue someone who harms them because of negligence or deliberate action. If someone has a valid claim but cannot pursue it because of death, then the personal representative of the estate and certain members of the family can pursue damages on behalf of the survivors. This is called a wrongful death claim.
Wrongful death claims are somewhat similar to personal injury claims. A personal injury lawyer in the Bronx can help you with one. However, there are some significant differences between a wrongful death claim and a personal injury claim.
Morelli Law urges you to call us as soon as possible if you lost someone in a fatal car accident. Time is of the essence to prove your claim and find the right person who can start your claim. There is also a shorter span of time to start your claim before you cannot sue, so call now to preserve your chances.
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877-751-9800What Is a Personal Representative?
Under New York Law, four types of people can file a wrongful death lawsuit. The decedent’s spouse, children, and parents can bring a claim, but so can the personal representative of the estate. What is this position?
A personal representative is the person who is permitted by law to finalize the estate of those who died. These are sometimes called executors or estate administrators, depending on if your loved one had a will or not.
Since they have a responsibility to settle all final debts, they are permitted to pursue claims. However, under the law, any compensation won goes to the survivors. Usually these are family members. If the executor is part of the family, then they may receive a share of the compensation.
What Must Be Proven to File a Wrongful Death Lawsuit?
There are four requirements the court needs to see before they will allow a wrongful death lawsuit. You don’t have to prove these yourself. Your fatal car accident lawyer in the Bronx will do it for you. The four requirements are:
A Death of a Person
Someone must have died for a wrongful death claim to go forward. A copy of the death certificate will prove this requirement. If your loved one is still living but catastrophically injured, you may be able to file one on their behalf. Find out by discussing your situation with Morelli Law.
Wrongful Conduct or Neglect
Someone has to have done something to cause the loved one’s death, whether through deliberate action (e.g., violent crime), or through negligence. Most fatal car accident claims happen because of negligence.
We must show that the negligent act caused your loved one’s death, just like how we would show how negligence caused someone’s injuries in a normal car accident claim.
Could They Have Recovered Damages?
Next we have to show that the decedent could have had a chance to recover damages had they lived. Damages are the harms caused by an accident, whether a financial harm like medical bills, or a non-financial one like pain and suffering. Compensation pays for the costs of damages.
If your loved one couldn’t have collected even if they had lived, then a wrongful death claim would be rejected on this count.
Did the Survivors Suffer Damages?
The last thing to prove is that the survivors of the decedent also suffered damages. The survivors are anyone who was financially dependent on the decedent before their death, or anyone who was eligible to receive part of the estate after death according to New York probate law.
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877-751-9800What Damages Can I Recover After a Fatal Car Accident?
Morelli Law knows that no amount of money can truly cover the loss of a loved one. However, it can cover the financial shock of losing them. There are various damages you could collect, and our Bronx fatal car accident attorneys will work hard to get you the full value of what you can get.
Common damages after a fatal car accident include:
- Final medical expenses
- Funeral and burial costs
- Pain and suffering from both the survivors and the decedent
- Lost earnings
- Loss of support, consortium, and companionship
Since many of these damages are non-economic in nature, you need to have an attorney on your side who knows how to get the most value out of your claim. Morelli Law has helped recover billions in compensation for victims across our years of service. We know how to get our clients a fair settlement, and we’ll fight hard to make it happen.
Why Should I Contact a Fatal Car Accident Lawyer Early?
Evidence can disappear quickly after a car accident. Cars can get repaired or crushed. Video footage might get erased. Memories can fade. You need that evidence to get the most from your claim and we can help you do that, but only if you call us as soon as possible.
Also, there is a two year statute of limitations for wrongful death claims in New York. That’s the absolute deadline for starting a lawsuit. Starting early gives us time to investigate, build a case, and negotiate a settlement before we’re forced to file.
We know that it may be difficult to reach out for help during this time, but these are the facts of the matter. The sooner you contact Morelli Law, the sooner we can help you shoulder the burden of your loved one’s death by handling your compensation claim.
Reach Out to Morelli Law Now
Reaching out to a Bronx fatal car accident lawyer can help you and your family get the money you need to cover the costs of losing a loved one. Don’t let your opportunity pass you by. Find out if you’re eligible to start a claim by calling or emailing our offices right now.
All of our wrongful death consultations are free and without obligation. You will owe Morelli Law nothing unless you hire us and we win your claim. Start your case right away so you can have the best opportunity for a favorable outcome.
Call or text 877-751-9800 or complete a Free Case Evaluation form