A Yonkers fatal truck accident lawyer could help you if you lost a loved one in a truck accident caused by someone else’s negligence. Wrongful death cases need the attention of an experienced attorney since there are many steps to follow to file a claim for damages.
A wrongful death can represent a huge financial burden for surviving family members, who often face expensive medical and funeral costs, which can be challenging, particularly when the person who passed away was also the main household provider. Morelli Law can help you get compensation to solve those financial struggles.
Do You Need a Fatal Truck Accident Lawyer in Yonkers, NY?
While everyone can file a claim for damages independently, having an experienced attorney by your side can be the difference between getting the compensation you deserve and walking out empty-handed.
There are many things an experienced Yonkers truck accident attorney can do for the surviving family of a wrongful death victim. Here are some of the actions our lawyers take to help our clients.
Determining Liability After a Fatal Truck Accident
Your fatal truck accident attorney needs to determine liability for the accident to point at the liable parties. This step can get particularly complicated in fatal truck accidents since many parties may be involved, and more than one can share liability.
Some of the most common liable parties are:
- Truck drivers
- Trucking companies
- Cargo loaders
- Truck part manufacturers
- New York State Department of Transportation
- Other drivers
- Pedestrians and cyclists
However, every accident is unique, so there may be different parties involved in your case. Talk to your Yonkers attorney to determine who is liable for your loved one’s wrongful death.
Finding Evidence for a Yonkers Fatal Truck Accident
After determining liability, you need to prove the way they are liable. To do so, you will need every piece of evidence available. Your attorney can collect evidence, but they can also conduct a private investigation and talk to eyewitnesses to get a statement to use in court.
An experienced law firm can go beyond that. Our attorneys, for instance, can access hard-to-get evidence, such as police reports, the truck’s black box, and CCTV footage from traffic cameras or nearby businesses. We can also bring qualified experts and accident reconstructionists to support your claim.
Representing Surviving Family Members in Negotiation and Court
After determining liability and finding evidence, preparing a case and presenting it to the liable parties or their insurance is necessary. Your attorney can also sit at the negotiation table on your behalf, so you can spend your time recovering from injuries or giving emotional support to your loved ones.
However, some liable parties do not cooperate, and many insurance companies will try to underestimate your claim and the damages you deserve. When an off-court financial agreement is impossible, an attorney can take the responsible parties to a New York Court, where a judge will decide.
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Statute of Limitations for Wrongful Death in New York
The statute of limitations for a fatal truck accident in Yonkers, New York, is generally two years from the date of the wrongful death. That means surviving family members must file a claim for damages within two years of their loved one’s truck accident or the day they passed away.
However, it is important to understand there may be exceptions to this rule. An experienced Yonkers fatal truck accident attorney can explain in detail which circumstances can shorten your time, but it generally happens when a government entity is liable.
Your attorney can tell you how much left you have to file a claim, and they can also get you an extension if the time is about to expire. Getting legal advice as soon as possible after a fatal truck accident is important to preserve evidence and ensure that your legal rights are protected.
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Damages You Can Recieve in a Fatal Truck Accident
You may wonder how much you should settle for after a truck accident. There are many different damages you can recover. However, punitive damages—if any, are only decided and granted by a judge. So we’ll focus on economic and non-economic damages, which your attorney can calculate and demand from the responsible parties.
Economic damages are losses with a bill, ticket, or proof of purchase. These damages include
- Medical expenses
- Funeral and burial costs,
- Lost income
- Reduced earning potential
- Out-of-pocket expenses
Your wrongful death case may have other economic damages. Contacting a fatal truck accident attorney in Yonkers, NY, is the best way to be sure.
Some damages can be devastating but hard to calculate, such as the victim’s pain and suffering, loss of companionship, emotional distress, and other losses. Those are called non-economic damages; your attorney can help you set an appropriate amount for them.
Your attorney will take the time to talk with you and other family members to understand the full extent of all economic and non-economic damages. Then they will calculate a fair value that may help you and your family to get closure.
Talk to a Truck Accident Wrongful Death Lawyer
A Yonkers fatal truck accident lawyer can help you recover damages for the wrongful death of a loved one in a truck accident. However, it is important to act quickly since the statute of limitations is two years, and building a solid case may take some time.
Talk to your family and contact Morelli Law to file a claim for damages, so you can cover all the medical and funeral expenses and find a way to move on. We can answer all your questions in a legal consultation free-of-charge, and help you recover the compensation you deserve.