What to do When a Family Dies in a Car Accident? The death of a family member is always an emotionally devastating event, but when it happens suddenly, the impact is even more severe. That’s why it’s important to know what steps to take when a family member dies in an accident, because having a roadmap of procedures to follow can ease stress during such a difficult time. When a person’s death is caused by the negligent, reckless, or intentional acts of another, the claim is called an action for wrongful death. Wrongful death cases are similar to other types of negligence claims, but there are some important differences. That’s why it’s important to consult with an experienced car accident lawyer Queens if this tragedy strikes your family.
Who Has Standing? For personal injury actions, the plaintiff brings the claim on their own, for wrongful death actions, the claim is brought by the personal representative of the estate on behalf of one or more surviving family members. To collect compensation for a wrongful death claim, the surviving family members must show that they have a pecuniary interest, such as loss of support. The best accident attorneys in Queensand Brooklyn will explain how these guidelines apply to your family.
Policy Limits The minimum liability policy limits for claimants injured in car accidents in New York City is $25,000 per person and $50,000 per incident. For wrongful death actions, these limits are doubled to $50,000 per person and $100,000 per incident. In addition, personal injury protection (PIP) coverage includes $2,000 for funeral expenses. It’s important to understand that this is the minimum insurance coverage is often higher. The best Queens, Brooklyn and Bronx car accident attorney will research the policy limits that apply to your case.
What Damages Are Covered Family members can recover for the loss of financial support in a wrongful death action if they can prove that they were financially dependent on the deceased person. In New York, family members are barred from claiming their grief and emotional loss. If a person is killed immediately, recovery is limited to a wrongful death action, but suffered from their injuries, a personal injury action can also be brought by survivors for the pain and suffering that the deceased person endured.
Statute of Limitations One of the most important reasons to have a consultation with an experienced Queens car accident attorney is to ensure that deadlines are met. Personal injury actions have a three-year filing deadline, but wrongful death actions must be filed within two years.
Contact an Experienced and Reputable Law Firm - Wittenstein Law At Wittenstein Law Firm, the legal team understands the devastating impact a fatal car accident can have on families. With years of experience representing families in Queens, Brooklyn, Bronx, and across New York City, their attorneys are committed to helping families secure justice and financial stability. Whether you need an experienced car accident lawyer in Queens or a reputable Bronx car accident attorney, Wittenstein Law is here to guide you through this difficult time with compassion and skill.
