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Losing a loved one is never easy, but losing them in an instant, unexpectedly, and tragically can be devastating. If you lost a loved one in a fatal accident, you probably feel confused, angry, and unsure of your future. These feelings are normal, but you do not have to face this process alone.
Families can file a wrongful death lawsuit after a fatal car accident once the cause of the crash is established and a personal representative is authorized to act for the estate. New York law allows these claims to begin soon after the loss, but certain key steps must be taken first. At Greenspan & Greenspan, we have been helping families seek justice after the tragic loss of a loved one for over six decades. Let us help you.
Losing someone in a sudden crash leaves a grief that’s hard to carry. Understanding when families can seek accountability may bring clarity, support, and a small step toward healing and justice.
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What Constitutes a Wrongful Death Claim in New York?
Under New York law, a wrongful death claim can arise when a person dies because of the negligence or wrongful act of another person or entity. In other words, a wrongful death occurs when someone else’s actions or failure to act when they had a duty to do so causes a fatality.
If a negligent driver or other party caused a fatal accident, the personal representative of the deceased individual may pursue a wrongful death lawsuit.
Who Can File a Wrongful Death Claim in New York?
Who could make a fatal accident claim? Every state has a different approach to who can file a wrongful death claim. In New York, a wrongful death claim following a fatal car accident must be filed by the personal representative of the deceased’s estate, not by individual family members. The personal representative is usually named in the deceased’s Will or appointed by the court if there is no Will. Family members cannot file the claim on their own, even if they suffered financial losses. New York’s standard is more restrictive than that of many other states.
A wrongful death claim can be filed on behalf of:
- The spouse,
- The children,
- The parents, and
- Other dependents are relying on the deceased for financial support.
Even though a family member cannot directly file a claim, the personal representative is often a close relative or beneficiary. For instance, the spouse of the deceased may be named as the personal representative of the estate. The personal representative will pursue compensation on behalf of the family and beneficiaries of the accident victim’s estate.
When Can Families File a Wrongful Death Claim After a Fatal Accident?
Families can usually pursue claims soon after their loved one’s death. However, you will have to wait until the cause of the accident and the cause of death are determined and a personal representative is appointed. Specifically, immediately after the crash, police will begin an investigation, and the medical examiner will conduct an autopsy to determine the cause of death. Depending on the findings of both, the deceased estate’s representative may pursue a wrongful death claim for damages.
Separately, there may be criminal charges against the party at fault.
Obtaining these answers will help determine what claims are available. A fatal accident can have complex repercussions, so obtaining experienced counsel immediately will help protect your rights and options.
What Happens After a Fatal Car Accident?
Almost always, a fatal accident is sudden and unexpected. Upon receiving the horrific news that your loved one was the victim of a fatal car accident, you may feel shock, confusion, and anger. Understanding what might come next, what to expect, and the steps you should take can help alleviate that uncertainty.
Immediately after the fatal car accident, you can expect three things to take place:
- Emergency response,
- Scene documentation and gathering of evidence,
- Autopsy and death certificate.
In the days and weeks following the accident, you can expect more legal and financial proceedings.
- Police investigation. Law enforcement undertakes a thorough investigation to determine how the collision occurred and whether any driver committed criminal conduct, including impaired driving, reckless speeding, or vehicular manslaughter.
- Criminal charges. If wrongdoing is found, prosecutors may file charges against the individual. Criminal proceedings are distinct from civil cases and may result in penalties such as fines, imprisonment, or license suspension.
- Wrongful death lawsuit. The victim’s personal representative may pursue a claim for the fatal accident to seek compensation for funeral costs, medical bills, lost income, and the financial support the decedent would have provided.
- Insurance filings. A certified death certificate is required to file auto insurance and life insurance claims related to the crash.
- Legal representation. Because a fatal accident claim can involve complex investigations and strict deadlines, families should consult a wrongful death attorney as soon as possible to protect their rights and ensure timely filing.
Remember, every fatal accident is unique, and your family’s wrongful death claim may look different than others. Your NYC car accident lawyer will guide you through the process.
What Damages Are Available in a Wrongful Death Lawsuit?
Wrongful death damages in New York are limited to economic damages. The economic damages in these cases are similar to those available in personal injury cases. However, certain losses are unique because they arise from the death of a loved one.
Economic Damages
Economic damages or pecuniary damages cover the measurable financial losses caused by your loved one’s death. Medical records, wage documents, and other financial evidence support these damages. They may include:
- Medical expenses incurred between the accident and the decedent’s passing;
- Lost wages, including income the decedent would have earned had they survived;
- Funeral and burial costs;
- Loss of household services, such as childcare or home maintenance;
- The economic value of parental guidance for surviving children; and
- Lost inheritance that family members would have likely received.
Projecting future earnings can be complex, and insurers often scrutinize factors such as the decedent’s age, work history, and health. An attorney can help assemble the documentation needed to establish these losses.
Under current New York law, surviving family members are not permitted to recover noneconomic damages for their own mental anguish and emotional distress resulting from the death of their loved one.
Noneconomic Damages
Non-economic damages address the emotional and relational impact of the loss. These damages are more difficult to quantify because they reflect personal and subjective harm. Families may seek compensation for:
- Pain and suffering endured by the decedent before death;
- Mental anguish and emotional distress of surviving family members; and
- Loss of companionship, guidance, and consortium.
Having an experienced wrongful death lawyer can be critical in demonstrating the full value of damages.
New York Fatal Car Accident Lawyer
If you lost your loved one in a fatal car wreck, you deserve steady, informed support while you navigate what comes next. Fatal car accidents are complex from the moment of impact, and the ramifications after can be challenging to navigate on your own. Turning to an experienced fatal car accident lawyer can ensure you preserve your legal rights. Since 1959, Greenspan & Greenspan has guided New York families through the legal steps after a tragic loss, handling the legal process so you can focus on grieving and rebuilding.
Contact Greenspan & Greenspan today to schedule a free consultation.
