Wrongful Death Claims in Car Accidents: Seeking Justice After Tragedy

Car accidents are one of the leading causes of unintentional death in the United States. No amount of money can ever replace a loved one, but filing a wrongful death claim after a car accident can offer surviving family members some measure of financial security and hold negligent parties accountable.

This article by the experienced car accident lawyers at the Jacob D. Fuchsberg Law Firm provides an overview of wrongful death claims arising from car accidents.

Understanding Car Accident Wrongful Death Lawsuits

A car accident wrongful death lawsuit is a civil legal claim filed by surviving family members against the person or entity responsible for a loved one's death. These claims are associated with wrongful death statutes and are distinct from personal injury lawsuits, which are filed by the injured person themselves.

Who Can Sue for Wrongful Death After a Car Accident?

The ability to file a wrongful death claim (also referred to as suing for wrongful death) varies by state. In New York, a personal representative, typically the spouse, children, or parents of the deceased, can initiate a wrongful death lawsuit. The personal representative sues on behalf of all those who have suffered a loss as a result of the car accident death.

Wrongful Death Settlement Distribution in Car Accidents

The proceeds from a wrongful death car accident settlement are distributed according to a formula established by the state's wrongful death statute.

In New York, the distribution is determined based on the following factors:

• The severity of the deceased's injuries
• The needs of the decedent's spouse and dependent children
• The decedent's income and earning potential
• The degree of financial support provided by the decedent to their dependents

The strength of the evidence against the at-fault driver is also taken into account when calculating damages.

Types of Damages Awarded in Fatal Car Accident Settlements

Wrongful death settlements can encompass two main categories of damages: compensatory and punitive.

Compensatory Damages

These aim to reimburse surviving family members for the financial losses they have suffered as a result of the death of their loved one. These can be further broken down into:

Economic Damages

These are quantifiable losses suffered by the surviving family members, including:

• Medical expenses related to the accident and final illness
• Funeral and burial costs
• Lost income and future earnings of the deceased
• Loss of household services provided by the deceased (e.g., childcare, housekeeping)

Those who have lost a loved one due to someone else’s negligence should not be responsible for the financial burden that results from that loss. You deserve to focus on grieving; we’ll handle the rest.

Non-Economic Damages

These are more subjective and compensate for the pain and suffering caused by the loss. They can include:

• Loss of companionship
• Mental anguish
• Loss of guidance and parental care

It can be challenging to assign a value to the emotional pain you’ve endured. We have extensive experience with this process and will walk you through each step of it.

Punitive Damages

These are not awarded in every wrongful death case. They are meant to punish the at-fault party for egregious or reckless conduct and deter similar behavior in the future. To be awarded punitive damages, the plaintiff must typically prove that the defendant acted with malice or a conscious disregard for the safety of others.

How to File a Car Accident Wrongful Death Claim

The process of filing a wrongful death claim after a car accident can vary depending on the specific circumstances of your case and the laws of your state. However, here is a general outline of the steps involved:

Gather Information

Collect all relevant documents and information about the accident, including the police report, medical records, witness statements, and car insurance information (relevant to filing a claim with the at-fault party's insurance company).

Identify the Potentially Liable Party

This could be the driver who caused the accident, a manufacturer of a defective car part, or a government entity responsible for maintaining a dangerous roadway.

Consult with a Wrongful Death Attorney

An experienced lawyer can advise you of your legal rights, assess the merits of your wrongful death case, and guide you through the legal process (including filing wrongful death claim forms).

File a Wrongful Death Lawsuit

Your attorney will draft and file a lawsuit with the appropriate court, outlining the cause of action (e.g., drunk driving accident) and the damages you seek in the wrongful death claim.

Discovery

Both sides exchange information and evidence through a discovery process. This may involve depositions, interrogatories, and requests for documents (all to build a strong wrongful death case).

Negotiation

Often, wrongful death claims are settled before going to trial. Your attorney will negotiate with the at-fault party's insurance company to reach a fair settlement amount for your wrongful death lawsuit.

If a settlement cannot be reached, the wrongful death case will proceed to trial. Your attorney will present evidence to the court to prove that the defendant's negligence caused your loved one's death in the car accident.

Car Accident Wrongful Death Claims in New York City

New York City has a high volume of car accidents, making wrongful death claims a sadly common occurrence. Here are some key considerations specific to New York City:

No-Fault Insurance

New York is a no-fault insurance state. This means that regardless of who caused the accident, your own insurance company will initially cover your medical bills up to a certain limit. However, a wrongful death claim can still be pursued to recover damages beyond the no-fault coverage.

Shared Fault

New York follows a comparative negligence rule. This means that the damages awarded in a wrongful death case will be reduced by the percentage of fault attributed to the deceased. For example, if the deceased is found to be 20% at fault for the accident, the total settlement amount will be reduced by 20%.

Time Limits

Each state has a statute of limitations that dictates the timeframe within which you can file a wrongful death claim. Pursuant to New York's Estates, Powers and Trusts Law Section 5-4.1, the statute of limitations for wrongful death claims is two years, which is shorter than the statute of limitations for general personal injury actions.