When a commercial truck gets into an accident with a passenger vehicle, the results are rarely good for the smaller driver. Heavy vehicles strike with far more force. If you’re reading this, you’ve probably lost a loved one to a fatal truck accident and don’t know where to turn next.
Turn to the trusted fatal truck accident lawyers of Morelli Law. We can help families in New Rochelle, NY, learn their legal options to file a wrongful death claim against the driver and their employer. Money from your lawsuit can pay for final expenses and soften the financial burden of suddenly losing a loved one.
Getting Compensation After a Fatal Truck Accident
In a normal truck accident case, the victim can file a claim against the driver’s insurance to get compensation for their injuries, damaged vehicle, and more. That’s not possible if the victim died in the accident, but they can leave behind a family that deserves justice for what happened.
The way to do it is through filing a wrongful death lawsuit. Wrongful death lawsuits are used to get compensation from people who kill others through negligent actions. Most truck accidents are caused by negligence, but you can also sue for wrongful death if the death was caused deliberately.
Wrongful death claims have a different legal process than standard personal injury claims. You need a lawyer with experience in fatal truck accident claims to help you navigate both the probate court system and the civil court system. Morelli Law has the fatal truck accident lawyers in New Rochelle, NY, you need.
Who Can File a Wrongful Death Claim in New York?
Some states allow any family member with a financial tie to the deceased to file a wrongful death lawsuit. In New York, the decedent’s spouse, children, parents, or the personal representative of the estate can sue.
Usually it’s the personal representative of the state, so first find out if your loved one had a will. That document should name a personal representative, which is usually the spouse or the child of the decedent. If they did not have a will (called dying intestate), then your case will be more difficult.
Our lawyers can help you with this process, but it also means your case could take longer. If multiple people try to make a claim to be the personal representative, you might have to face a long court fight before you can file your wrongful death claim.
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What Damages May I Recover in a Wrongful Death Claim?
By working with a fatal truck accident attorney in New Rochelle, NY, you can ensure you get all the available damages your family is eligible to receive. The most common types of compensation in wrongful death claims include:
- Medical bills of the deceased
- Funeral costs and associated expenses
- Pain and suffering and psychological distress, though only for the deceased
- Loss of future earnings and benefits the deceased would have earned
- Loss of the support of the deceased for spousal and family relationships
- Punitive damages, if the defendant acted far beyond the boundaries of reasonable care
Note that under New York law, your family cannot claim pain and suffering damages for losing a loved one. There was an attempt early this year to change this called the Grieving Families Act, but it was vetoed by the governor. We are keeping a close eye on future attempts to change which damages are possible in wrongful death claims for New Yorkers.
When Should I Talk to a Lawyer to Start my Lawsuit?
It’s never a good idea to wait before talking to a truck accident wrongful death lawyer about a potential claim. As you wait, evidence in your case may start to disappear or become tainted. This will make your case harder to win and you could get less compensation than you’d like.
Also, New York has a strict deadline of two years after death to file a wrongful death claim. After this point, the state will say you took too long to file and deny your right to compensation through the court. Once that happens, the insurers will hold all the cards and you could get nothing.
If your loved one died without a will, it’s imperative to work with a fatal truck accident lawyer in New Rochelle, NY right away. It will take time for the court to name a personal representative. Your lawyer may be able to pause the clock on the statute of limitations until that happens, but they will need to persuade the court this is necessary to make a fair case.
Who Gets the Compensation from a Fatal Truck Accident in New York?
Usually it’s the decedent’s spouse and children, but not always. It depends on who the decedent was financially supporting at the time of their death. Also, if your case goes to trial, the jury will decide how to distribute the compensation.
The non-economic damages suffered by the decedent will automatically go to the estate and then get distributed according to the will or through the process of New York’s intestate laws. Who gets the economic damages compensation will depend on the settlement or trial.
If your loved one did not have a will, their estate will get distributed as follows:
- Spouse and no children – Spouse gets everything
- Spouse and children – Half plus $50,000 to the spouse, the rest split evenly between the children.
- Children no spouse – Children split the estate
- No spouse or children, but living parents – Split between the parents
- No spouse, children, or parents, but living siblings – Split between the siblings
There are further options if none of these apply, but most decedents without a will shall fall into one of these groups. If you’re not sure how your loved one’s wrongful death damages would get distributed, speak with one of our fatal truck accident attorneys.
Morelli Law Can Solve Your Fatal Truck Accident Case
We have helped many families pursue successful wrongful death lawsuits after losing a loved one in a fatal truck accident. Our service area covers New Rochelle, NY, so if you’ve lost someone then please call us for a consultation.
We will listen to your story with compassion and tell you if your case qualifies for a wrongful death claim. If it does, Morelli Law can help your family get compensation for what happened to your family. To get started, contact our offices by phone or email to schedule a free case evaluation.
Our fatal truck accident attorneys in New Rochelle, NY, work for contingency, so you will owe us nothing until you get compensation from your case.