Fatal car accidents leave you with more than loss. In the aftermath of a dangerous accident, you may have new bills to contend with on top of your grief. It doesn’t feel fair to have to carry that weight alone. Fortunately, you don’t have to.
In the face of a loved one’s passing, you can bring your concerns to a fatal accident attorney in Hempstead. Morelli Law Firm can address the extent of both your and your loved one’s losses. Upon identifying the party responsible for your car accident, we can then request that you receive financial support meant to help you restore your previous quality of life.
Acting on Behalf of a Loved One
Your ability to pursue a civil suit on behalf of a loved one may be limited by legislation throughout New York. In most cases, only a person’s personal representative may take legal action in their name. That said, direct blood relatives may also pursue a suit on a loved one’s behalf.
If you do not fulfill these requirements, you can still bring your concerns to the attention of an attorney. We can pursue an individual personal injury case or see how you might encourage a loved one’s personal representative to act. Alternatively, we can see if there’s a way that the state may elect you as a loved one’s personal representative.
You can discuss these options alongside others during an initial case consultation with the fatal accident lawyers in Hempstead, NJ.
Your Fatal Accident Lawsuit Has a Deadline
Your claim needs to be filed within a certain deadline. The deadline for statute of liability claims varies from state to state and can occasionally be influenced by the circumstances surrounding your car accident.
New York Civil Practice Law & Rules §214 allows you up to three years to bring your complaint before a civil court. The state’s civil courts believe that filing after this deadline could see you struggle to remember your accident with accuracy. With that in mind, courts dismiss claims filed outside of their deadlines, regardless of the damage you suffered.
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What Information to Include in a Fatal Accident Lawsuit
When you file a fatal car accident claim, you need to include details regarding the nature of your accident, the identity of your liable party, and the extent of your losses. A county clerk uses this information to determine if your case should move forward in civil court.
While you don’t want your information to overwhelm the reader, you do want it to be thorough enough to merit another look from a judge. With that in mind, be sure to include:
Evidence of Liability
If you want to argue that a particular party bears responsibility for your fatal car accident losses, you need to submit evidence that supports your claim. Doing so can be challenging, particularly if you’re contending with an injury that makes revisiting the scene of your accident difficult.
Fortunately, our team of experts can work with local professionals to do this investigative work for you. Viable evidence to support accusations of liability can include (but are not limited to):
- Physical debris from your accident
- Bystander testimony
- Expert witness testimony describing your injuries and/or losses
- Police reports
- Photos and/or video footage of the accident
Gathering this evidence is the first step in elaborating on your losses in court. Once we have a catalog of evidence to work with, we can analyze it to better outline the truth of another party’s negligence.
Evidence of Losses and Damage Requests
Civil claims can help you and your loved ones request a personal injury settlement in the wake of a fatal car accident. However, Hempstead fatal accident attorneys must submit proof of your losses if you want to pursue them in court. This evidence can overlap with that which you present when establishing liability for your losses.
That said, you have the right to present evidence defending your request for both non-economic and economic accident damages. Your non-economic damages can include emotional distress as well as pain and suffering – but proving these conditions may require an expert witness’s testimony.
Economic losses, like medical bills and/or property damage, are easier to prove with physical evidence. Our team can gather your bills and evidence applicable to your non-economic damages before presenting your case to a civil judge.
You Can Choose How to Approach a Liable Party
A fatal car accident claim, like other personal injury claims, gives you additional control over a tragic situation. If a court approves your request to bring legal action against another party, you can choose what meetings you’d like to summon that party.
For example, you could opt to invite a liable party to out-of-court settlement negotiations. You and an attorney could address these negotiations without seeing a judge, hastening the process through which you’d receive compensation for your losses. However, you may have to reduce the amount of compensation you’re requesting.
Alternatively, you could request that you meet with a liable party to engage in discovery. Discovery precedes a civil trial and allows both parties to exchange the evidence they intend to submit to a judge. Our attorneys can again lead you through this process and challenge a defendant’s uncooperative behavior.
Put Your Grief to Work With a Fatal Car Accident Attorney
Recovering from the loss of a loved one is never easy. When it feels like the loss comes out of the blue, you may not be sure what your next steps look like. Fortunately, those aren’t steps you have to take on your own. You can contact a fatal accident attorney in Hempstead to learn more about how you might take your loved one’s loss to court.
Morelli Law Firm wants to help you rebuild your life in the wake of a loved one’s passing. That’s why we can help you draft a complaint requesting damages for your loved one’s losses. You can request a case evaluation over the phone or through our website to learn more about the compensation to which you may be entitled.