Fatal truck accidents fundamentally transform the way you live your life. If you were in the car when a loved one passed, you may have to contend with personal injuries on top of the grief and guilt that come with your recovery. Even if you weren’t on the scene when the accident took place, you’ve still been robbed of someone you love far too soon.
Morelli Law Firm understands the injustice that you’re grappling with, and we’re prepared to help you fight back. You can contact a fatal truck accident attorney in New York, NY, within days of your loved one’s passing to begin exploring the legal avenues available to you. Our team can stand by you in your fight for compensation for your loved one’s death.
You Deserve Compensation After a Fatal Truck Accident
No amount of money or legal action can restore your loved one’s life. That said, death is far more expensive than many people imagine it to be. If you’re a loved one’s relative, caretaker, or immediate representative, you may find yourself abruptly juggling all of their bills as well as your own grief.
It’s not fair for you to have to contend with those expenses when your loved one’s death was both unexpected and someone else’s fault. That’s why New York’s civil courts allow you to demand damages from the party responsible for your loved one’s passing. Provided that you have the right to file a claim, you can demand economic and non-economic compensation.
Your loved one’s passing may specifically entitle you to coverage for:
- Medical expenses
- Property damage, replacement, and restoration
- Lost wages
- Lost income from your loved one’s life
- Funeral expenses
- Emotional distress
- Mental anguish
- Pain and suffering
- Loss of consortium
- Loss of companionship
You can discuss the specific value of these losses relevant to your loved one’s case when you first meet with our team. You’re not expected to calculate these losses’ value on your own, though. A truck accident wrongful death lawyer does the math on your behalf while also gathering what evidence they need to defend your claim.
Make Sure You Can Take Legal Action on a Loved One’s Behalf
Unfortunately, only certain parties have the right to pursue compensation for a loved one’s death. New York Consolidated Law §4-1.1 specifically notes that only a person’s parents, spouse, or children may take legal action on their behalf after their passing.
If none of these parties are available to act on a person’s behalf, responsibility for post-mortem legal action falls to a person’s personal representative. A victim who failed to elect a personal representative prior to their passing can have the state elect a person into this position on their behalf.
Filing Your Own Truck Accident Claim
If you were in the accident that killed your loved one but do not have the right to file a personal injury claim for them, you may still have the right to your own case. You can discuss the nature of your losses with a personal injury attorney and subsequently determine what steps you need to take to bring those losses to a judge’s attention.
When you file a truck accident claim in relation to a loved one’s death, you have the right to include that wrongful death in your demand for damages. While you won’t get damages to cover that person’s medical expenses or personal losses, a court can find a liable party economically responsible for the grief you’ve had to endure.
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Proving Liability After a Fatal Truck Accident
Once you’ve decided to take legal action after a fatal truck accident, you need to determine who you want to hold liable for your loved one’s death. Your ability to establish liability hinges on what evidence of negligence you can find at the scene of your loved one’s accident. You can bring forward all of the following forms of evidence to establish your right to a claim:
- Video footage of an accident
- Photos of an accident
- A truck’s black box data
- Statements from witnesses
- Input from expert witnesses
That said, assigning liability after a fatal truck accident can prove tricky. Truck drivers may benefit from the protection of their employers so long as they qualify as W2-based employees. If an employer takes the blame for a truck driver’s behavior, you may have to name that corporation liable for your loved one’s death and losses.
That said, most truck drivers today work as independent contractors. This means that you’re more likely to hold an individual driver responsible for a loved one’s death in civil court. Even so, you must factor a driver’s contract into your investigation before you can accurately assign liability.
Bringing a Fatal Truck Accident Case to Civil Court
Regardless of who you hold liable for a loved one’s fatal truck accident, you must submit your claim within the statute of limitations established by New York Law §5-4.1. This statute gives you no more than two years to file your claim. You can discuss your ideal filing timeline with a fatal truck accident lawyer in New York City.
Morelli Law Firm Can Demystify the Post-Mortem Legal Process
Morelli Law Firm wants to help you and your family contend with the weight of a loved one’s death. Our fatal truck accident attorneys in New York City can ensure that you don’t face the threat of overwhelming post-mortem expenses. When you come to our team, you can trust us to fight tooth and nail for your and your loved one’s right to negligence-based compensation.
Our team knows how to initiate an investigation into your loved one’s death without complicating or worsening your grief. Let us take point on your case while you gather your family close. You can schedule your first case consultation with our team over the phone or through our online contact form today, and together we can fight for the financial support you deserve.