No amount of compensation could ever replace the loss of a loved one after a fatal truck accident. What it can do is cushion the financial shock of your loss and provide security to your family while you grieve. Also, there is a measure of comfort from knowing justice was served.
Don’t fight for a wrongful death claim alone. Morelli Law has fatal truck accident lawyers on Long Island, NY, that can help you get the compensation you need after you’ve lost a loved one. Here’s how we’ll help you and what you need to know about these cases.
Choosing the Right Fatal Truck Accident Lawyer
You only have one shot to get the compensation you need after a fatal truck accident, so it’s vital you choose a truck accident wrongful death lawyer with the experience you need. Morelli Law is one of the most experienced personal injury law firms in the country.
We have helped our victims recover over a billion dollars in compensation for their losses, and we are not afraid to take our case all the way to court to help you get justice after your loss. You can trust that we will handle your case with the utmost skill, compassion, and aggression when you work with Morelli Law.
View our results page to see what we’ve achieved for some of our clients. While not all cases can reach these high amounts, we know how to seek the evidence necessary to maximize your compensation after losing your loved one in a fatal truck accident.
Starting a Wrongful Death Claim
A fatal truck accident claim is a kind of wrongful death claim. These claims are made against people who were careless or committed wrongdoing that led to someone’s death. This could be the driver, their employer, a third party, or even a vehicle manufacturer or repair company, depending on what caused the death.
Only certain people may start a wrongful death claim. In New York, the personal representative of the deceased is the only one who can start the claim. Family members cannot. If your loved one left a will, there should be a personal representative named in that document.
If your loved one did not leave one, this is called passing intestate. The court will need to name someone as the personal representative to get a wrongful death claim started. If you are in this situation, call Morelli Law immediately for help on getting named as the personal representative.
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What Compensation Can Fatal Truck Accident Victims Receive?
There are three kinds of damages you could receive. First, there are economic damages related to your loved one’s death. These include final medical expenses, funeral expenses, the deceased’s lost earnings and benefits your family would have enjoyed had they lived, and others.
Next are the non-economic damages like pain and suffering endured by the deceased, the value of nurturing, care, and support to their children and spouse (loss of consortium). New York does not allow surviving family members to sue for their own pain and suffering, mental anguish, or loss of companionship.
Finally, there is the chance for punitive damages. If the driver that killed your loved one was grossly negligent, like if they were drunk or high, the court may award you extra money as a penalty against the defendant.
Is There a Deadline for Filing My Case?
Yes, there is a statute of limitations for filing a wrongful death claim in New York. There are two you may need to worry about. If there is no criminal case involved with the accident, you have two years from the date of the person’s death to start a claim.
However, if the responsible party has a criminal case against them, then the statute of limitations is one year from the date that the criminal case ends. In either case, it’s best to start your claim as soon as possible.
Your case does not have to finish before these deadlines, just started. The way to beat the deadline is to talk with a fatal truck accident attorney on Long Island, NY, as soon as you can after you hear of your loved one’s passing.
Common Causes of Fatal Truck Accidents
To win your case, we have to prove someone was negligent. We have to know the cause of the accident to see if that happened. Here are some of the common causes of fatal truck accidents and how negligence may apply.
Fatigue
Drivers are supposed to only drive a certain amount each day and take mandatory breaks. According to the Sleep Foundation, driving after being awake for 18 hours is like driving with a blood alcohol content of 0.05 percent. If we discover a driver broke the laws for mandatory breaks, we can sue for negligence.
Speeding and Distracted Driving
The size of commercial trucks makes them much harder to stop, so speeding is a much more dangerous offense. Add texting and driving and you have a recipe for disaster. If the police press charges against the truck driver for traffic violations, you likely have a case.
Overloaded Trucks
Trucks are designed with a maximum weight limit. When they’re too heavy, the trailer can swing out of alignment with the cab, creating a fishtail effect that can cause crashes. Heavier trailers are also more prone to tipping on corners.
Equipment Failure
Trucks must undergo routine maintenance and keep logs of any repairs. An unmaintained truck can create a dangerous situation. Our fatal truck accident lawyers will look at these logs to see if a part failure or poor maintenance caused the accident.
Speak with a Long Island Fatal Truck Accident Lawyer
We understand how your loved one’s loss may affect your family and know how it can affect a family’s finances. One call to Morelli Law can reveal if you have a wrongful death claim. If so, we can help you through the process.
All of our consultations and services are free unless we help you win compensation in your case. To see if your case qualifies, speak with a Long Island fatal truck accident attorney by calling the number on your screen or requesting a free case evaluation online.