The determination of fault is central to any car accident case. The responding law enforcement agency usually makes the initial determination of fault. However, law enforcement officers typically lack in-depth training in accident reconstruction, and insurance adjusters are incentivized to ensure that the insurance company pays out as little as possible.
When it comes to determining fault, it is not always down to the insurance adjuster’s decision. The best chance at resolving a case in your favor is to contact an experienced personal injury attorney who will examine all the evidence and fight for you. If you’ve been injured in a car accident in New York and are uncertain about who is at fault, contact Proner & Proner for a free case evaluation.
Introduction
In the tragic event that your family member has been killed in a New York City car accident, New York statutes allow a wrongful death claim to be filed on behalf of the estate. The personal representative, such as the estate executor, must file this claim. Any proceeds will be awarded to the estate and distributed to the immediate family members.
When a loved one is killed in a car accident, you may have many expenses that need to be paid. These expenses can include medical and funeral costs and pecuniary damages such as lost wages or income. While losing a loved one is tragic and painful, you should still seek the advice of an experienced personal injury lawyer to get compensation for your losses.
Below you will find the list of expenses and damages you may be entitled to as a result of the death of your loved one in a car accident:
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Medical expenses of the deceased
The deceased’s medical expenses are recoverable, including costs for treatment, hospitalization, medication, and rehabilitation. The law also allows you to recover damages for any psychiatric treatment needed by you or other family members due to your loved one’s death.
You may also be able to recover damages for home care services that were provided before the death occurred but continued after it happened (such as housekeeping services).
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Funeral and burial expenses
You’d need to pay for funeral and burial expenses if your loved one was killed in a New York City car accident. These can be expensive. The cost of transporting the body to its final resting place may also be high. Finally, if the family decides to purchase a headstone or marker for their deceased relative’s grave site, there will also be an additional fee associated with that purchase.
With an experienced personal injury lawyer on representing you, you should get compensated for the expense of your loved ones funeral and burial.
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Damages as a result of loss of income, and other damages that could have been claimed by the deceased had they survived.
You are entitled to the loss of income and earning capacity as a result of the death of your family member in a motor vehicle accident that was not their fault. Also, if your loved one had died before retirement age, you may have been able to claim damages for lost retirement benefits.
You will need to contact an experienced attorney to find out how much your family is entitled to. Your lawyer may need to hire experts to help get you the most amount of money for the loss of future earnings, and retirement benefits.
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Loss of parental guidance
This is a legal term meaning that you or your child lost the opportunity to receive guidance and support from your parent as a result of their untimely death from a motor vehicle accident in New York City. It is also known as pecuniary injury, an economic loss someone suffered because of another person’s wrongful act.
An example would be, if your father died in a car accident and was the sole provider for your family, his death would have left your family without income. This is particularly devastating for children or anyone who was dependent on the deceased.
If you are the child of someone who was killed in a New York City motor vehicle accident or have a child with someone who was killed in a motor vehicle accident an experienced personal injury lawyer can help you and your child get the compensation deserved.
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Conclusion
Losing a loved one is difficult to deal with under any circumstance. However, if your loved one has died in a car or motor vehicle accident in New York and you are considering filing a lawsuit against the person who caused it, it may help to know that different types of compensation are available for these cases.
The death of a loved one in a car accident can change your life forever, but the experienced motor vehicle injury attorneys at Proner & Proner will fight to get your family justice. Our dedicated lawyers and legal staff are committed to compensating you for your pain and suffering through settlements or judgments in court. With over 50 years of experience in representing those who have been injured and the families of the deceased, we know what it takes to win these types of cases and provide the caring service that you deserve.
We are a law firm representing victims of wrongful death. We work on a contingency fee basis, meaning we only get paid if we help you recover. We understand the immense costs associated with wrongful death cases and offer free initial consultations to clients who have suffered losing a loved one due to another’s negligence. If you are interested in having our firm represent you, please call us at (800) 551-9292.
