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New York Local Accident Resources
Did You Lose a Loved One in a New York Fatal Car Accident Today?
When a person passes away due to the negligence of another, their surviving family members may be able to recover financial compensation. However, if you have recently lost a loved one, we know that taking legal action is probably the furthest thought from your mind.
Working with a skilled professional ensures that all delicate legal and financial issues from the accident are handled with your and your family’s best interests in mind. At Local Accident Reports, we can help you seek the help you need to get through this challenging time.
Our mission is to connect people in every community across the United States with the best local resources after getting injured or losing a loved one in an accident. Read on to find out what resources are available in New York, as well as information about pursuing compensation through a wrongful death lawsuit. We are here to help, and you can reach out right now to talk to someone here at Local Accident Reports.
Resources for Those Who Have Lost Income Due to a Wrongful Death
If you and your family have lost your primary source of income due to a wrongful death, here are some resources you can utilize if you are struggling financially:
- Workers’ Compensation Death Benefits If the wrongful death occurred due to a work-related incident, the surviving dependents may be eligible for death benefits under New York’s Workers’ Compensation system. These benefits can provide weekly payments to help replace lost income, as well as funeral expense coverage.
- Resource:New York State Workers’ Compensation Board
Website: www.wcb.ny.gov
Phone: (877) 632-4996
- Resource:New York State Workers’ Compensation Board
- Social Security Survivor Benefits Families may be entitled to Social Security survivor benefits if the deceased had contributed to Social Security. Eligible beneficiaries, such as spouses, children, or other dependents, may receive monthly payments that can help provide financial support after losing a loved one.
- Resource:Social Security Administration
Website: www.ssa.gov
Phone: 1-800-772-1213
- Resource:Social Security Administration
- Office of Victim Services: The OVS in New York might be able to assist you with medical bills and counseling expenses, funeral costs, lost wages, and more.
If You Need a Copy of the Accident Report
After suffering through a wrongful death, the best thing to do is to contact a wrongful death lawyer for assistance with filing a lawsuit. Attorneys and insurance companies will need a copy of the accident report to process your claim successfully. For those involved in car accidents in New York, copies of police reports can be obtained at the local sheriff’s department or police department.
Another option is to search the DMV database to retrieve a copy, which costs about $22. We have local car accident lawyers in New York who can provide you with a complimentary copy of your accident report from the police. If you or someone you love was hurt in a car accident and has not received a copy of the police report, we can help you obtain a copy.
Resources for Emotional Support
Even long after a wrongful death, you may still be struggling to cope with the mental trauma caused by the devastating loss and struggling to get through your day-to-day life. If you are trying to deal with emotional issues brought on by the car accident, some unique resources may be able to help:
- Vibrant Emotional Health: At Vibrant Emotional Health in New York, you will be connected with emotional support and care in any way that you need after you have experienced a traumatic time in your life.
- The Ross Center: The Ross Center can help if you have been exposed to trauma and are facing constant triggers in your everyday life.
- Trauma and PTSD Support: The Crash Support Network is a group that can help you if you are struggling emotionally after your accident.
If Someone Under the Influence Caused a Wrongful Death
Despite their devastating nature, accidents caused by drunk and drugged drivers occur frequently in New York. According to the New York DMV, the legal blood-alcohol limits for certain types of drivers are as follows:
- 0.08% for drivers who are 21 or older
- 0.04% for commercial vehicle drivers
- 0.02% for drivers who are not yet 21
If you were injured by a driver who was under the influence, you may be able to seek various forms of assistance through:
- MADD New York: Mothers Against Drunk Driving in New York is a special nonprofit that helps combat drunk and drugged driving. It also offers support to victims of drunk driving accidents.
Legal Considerations for Wrongful Deaths in New York
There are a few factors that can make filing a New York wrongful death claim complex, such as:
- The statute of limitations: In the filing of a wrongful death claim, there are time limits that must be considered. In the majority of cases, wrongful deaths arising from motor vehicle accidents are subject to a two-year filing restriction. Exceptions that could potentially toll the statute include victims who are minors, victims who are incapacitated, and the involvement of criminal charges, which would extend the statute until one year after the corresponding case has been resolved.
- Intestate succession: Should the victim die intestate, New York outlines a very detailed division of any settlement or verdict awarded in a wrongful death claim.
Given the complexities of the state’s wrongful death laws and the fact that they are altered quite often, it is always in a family’s best interests to partner with an attorney who has a thorough knowledge of all applicable statutes. This is why Local Accident Reports is the best place to start when you are looking for help navigating New York’s legal system.
Wrongful Death Claims and Insurance Adjusters
After a loved one is killed in a fatal car accident caused by another driver, you will likely receive a phone call from an insurance adjuster in the next few days. There are some things you need to keep in the forefront of your mind when you take this call:
- You are under no legal obligation to talk to them, even though they may imply you otherwise
- You do not have to answer any of their questions
- You are not required to provide them with a written or recorded statement
Advise any insurance company representative who contacts you that you have or will be hiring a wrongful death lawyer. From there on out, you can direct any form of communication from the insurance company to your attorney. This is important for a few reasons:
- Potential settlement offers: The insurance adjuster might make you an immediate offer to give you money to cover funeral costs. Do not accept this offer. Insurance companies commonly use this ploy to minimize their financial liability. Their offer comes with a disclaimer declaring that they are no longer liable once you cash their check.
- Communications with the insurance company: It is vital to bear in mind that the adjuster’s true task is to minimize your claim and ensure that his company pays out as little money as possible. They may appear to be concerned with you and your family, but they are prying for information that they may be able to use to reduce the overall total of your claim.
- Non-disclosure issues: An insurer is not obligated to provide you with relevant information regarding the amount of insurance available. They may balk at the idea of giving you that information.
- Document floods: After the accident, you will receive numerous forms of written communication from the insurance carrier. They will try to get you to give them details about the incident and sign various release forms and other items as well. Never sign any documents given to you by someone from an insurance company without having your attorney look over them first. Often, what appears to be an innocent document contains complex language that could result in the forfeiture of your rights.
The network of wrongful death attorneys that Local Accident Reports works with have gone up against most major insurance companies and are fully aware of the shrewd and underhanded tactics they employ just to minimize or deny valid claims.
Wrongful Death Q&A
In this section, we will address some of the most commonly asked questions about personal injuries and wrongful deaths in New York. We’ll explore essential topics such as who can file a wrongful death claim, what types of compensation may be available, and how New York’s laws impact the legal process.
Additionally, we will discuss the statute of limitations for these cases, the role of an attorney, and how compensation is typically calculated. Whether you’re dealing with an injury or the tragic loss of a loved one, this section aims to provide clarity on your legal rights and options.
What is a wrongful death lawsuit?
What are the most common causes of New York car accidents?
Car accidents happen for many different reasons. However, data surrounding New York car accidents highlights some worrying trends. The statistics show that an overwhelming portion of injury-causing and fatal collisions are caused by negligence and human error.
Distracted Driving
The number one cause of New York motor vehicle accidents in 2022 was distracted driving. In New York City alone, 28,753 vehicles were involved in accidents caused by driver distraction or inattention.
New York has enacted numerous laws that were developed with the goal of reducing the number of crashes caused by distracted drivers. Drivers in New York are not allowed to use any handheld electronic devices, such as cell phones, while they are behind the wheel of a car. Unlawful actions include making calls, sending and receiving emails and text messages, taking videos or pictures, or any other task that requires the use of a phone. Those who violate this law can face hefty fines and other penalties, including the suspension or revocation of their driver’s license.
Despite this, distracted driving remains a persistent cause of New York car accidents.
Drunk Driving
In that same year, 1,994 vehicle accidents were the result of drunk drivers. As with anywhere else, driving under the influence of alcohol is against the law in New York. Drivers with a blood-alcohol content of 0.08% or greater are considered under the influence.
Speeding
Speeding was the cause of 3,940 car accidents in New York in 2022. In spite of the known risks, many drivers routinely choose to exceed posted limits, increasing the odds of an accident.
What damages can I collect after a fatal New York car accident?
Every car accident takes place under a unique set of circumstances. Many of them are due to negligent or distracted drivers. After losing a loved one in a fatal accident, a qualified attorney can act as your legal advocate and guide. They can build a compelling case and fight for the financial compensation you need and deserve. We know that simply collecting compensation will not do anything to lessen the grief of losing someone you love. It can, however, alleviate some of the financial burdens you are experiencing due to the sudden loss.
When a family member passes unexpectedly, many families do not fully and immediately realize the full extent of the associated economic repercussions. They often find themselves struggling in both the short and long term. Some of the damages you may be entitled to collect through a wrongful death lawsuit include:
- Medical expenses: If your loved one endured a lengthy hospitalization, surgery, or other costly medical procedures before they passed, the cost of these medical bills can be overwhelming.
- Funerary expenses: Funerals and burial or cremation costs can run into the tens of thousands of dollars.
- Loss of financial resources: If your family was reliant on the income, medical insurance, and other economic benefits of the deceased, loss of this financial support could be disastrous and place considerable undue stress on you and your family, particularly if you have children.
- Loss of companionship: Suddenly losing a spouse or partner is devastating and can harm your mental and physical well-being.
- Pain and suffering: Losing a loved one affects every part of your life, which, in turn, can have a profound impact on your ability to work, maintain your daily routine, and perform other obligations.
Who is eligible to file a wrongful death suit in New York?
In the state of New York, the personal representative of the deceased’s estate, also known as the executor, is responsible for filing a wrongful death claim. This individual acts on behalf of the estate and the surviving family members.
New York law prioritizes the deceased’s closest family members when determining who is eligible for compensation. Typically, the surviving spouse and children are first in line to collect all or part of the settlement or jury verdict, depending on the case’s specific facts.
If the deceased person has no surviving spouse or children, the victim’s parents become the next eligible party to receive any financial recovery. In situations with no surviving spouses, children, or parents, the deceased’s siblings would be entitled to the compensation. This legal hierarchy ensures that the closest family members are given priority in receiving the financial benefits of a wrongful death settlement or judgment.
How much would hiring a lawyer cost me?
In New York, wrongful death lawyers typically work on a contingency fee basis, meaning clients do not have to pay any upfront legal fees. Instead, the attorney’s fee is contingent upon the case’s successful resolution—whether through a settlement or a court judgment. If the lawyer secures compensation for the client, they will pay a percentage of the total amount. This arrangement allows individuals and families to pursue justice without the financial burden of paying hourly legal fees, making legal representation accessible to those who might not otherwise afford it.
This fee structure motivates lawyers to work diligently to achieve the best possible outcome, as their payment is directly tied to the case’s success. The client typically does not owe any legal fees if the lawyer does not win or recover compensation.
This makes pursuing wrongful death claims a low-risk option for clients, providing peace of mind while focusing on recovery or grieving. Additionally, New York law requires attorneys to provide clients with a written agreement outlining the specific terms of the contingency fee, ensuring transparency throughout the legal process.
How long do I have to file a wrongful death case?
In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This means that the personal representative of the estate must bring the claim within two years or risk losing the right to seek compensation for the wrongful death. It’s important to note that this two-year deadline is strict, and missing it can prevent the family from recovering damages for their loss, including medical expenses, funeral costs, lost wages, and emotional suffering.
There are, however, certain exceptions to this general rule. For instance, if the wrongful death is the result of a criminal act, such as homicide, the civil wrongful death case might be delayed until the criminal case is resolved. Additionally, special notice requirements may apply if the defendant is a government entity or employee, and the filing time frame may be shorter.
Due to the complexities of these exceptions, families must consult with an attorney experienced in wrongful death cases in New York to ensure they file within the appropriate time limits and protect their right to compensation.
Fatal Accident Statistics
Other factors that commonly contribute to fatal traffic accidents are:
- Unsafe or unlawful lane changes
- Failing to obey road signage and traffic lights
- Reckless driving
- Driving too fast for current weather conditions
- Entering a road from the wrong direction
- Aggressive driving/Road rage
- Attempting to avoid obstacles in the roadway, such as debris or animals
- Drag racing
Regardless of what caused your accident, if another person’s recklessness or negligence was responsible, our lawyers can help you secure the compensation you deserve through a wrongful death claim.
New York Grief & Trauma Resources
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Call Local Accident Reports Today
If you are coping with the loss of someone you love because of someone else’s recklessness or negligence, you may not be sure if you have a legitimate wrongful death claim. The experienced team of professionals at Local Accident Reports can discuss the facts of your situation with you, make sure you understand your rights, help you find the resources you need right now, and review your legal options during a free consultation.
Our network of personal injury attorneys may be able to help you get fair compensation by filing a wrongful death claim. Your attorney can walk you through filing the lawsuit and ensure your interests are protected.
Although nothing can undo your terrible loss, you are entitled to receive financial compensation so that you and your family do not have to endure excessive financial burdens alongside everything else. You do not need to suffer through such a devastating event alone; we can help with any assistance you need. If you want to speak with a qualified professional about the best way to proceed with your case, call us at (888) 657-1460.
Motor Vehicle Crash Deaths by Road User Type and State
Car Occupants
347
Pickup and SUV Occupants
182
Large Truck Occupants
10
Motorcyclists
145
Pedestrians
242
