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Wrongful Death From Car And Truck Accidents In New York

September 14, 2011
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According to the National Transportation Safety Administration, there were 37,261 deaths resulting from car and truck accidents In 2008. In New York, unfortunately our car accident lawyers often receive calls from devastated people who have lost family members in a car accident, motorcycle accident or truck accident. The shock from the accident and human loss is compounded by New York’s terrible laws, stringent time limitations and procedural hurdles to get compensation for their loss.

While no amount of money could ever replace a loved one, New York’s laws add insult to injury. Within thirty days of the accident, the next of kin must file a no fault application with the insurance company for the car which the deceased was in. So New York’s absurd laws require that while a devastated family is still mourning, they need to get to a lawyer to make sure that the paperwork is properly filled out otherwise they loose their benefits. Our New York wrongful death attorneys regularly prepare these forms for the loved ones of deceased accident victims. The insurance company is required to pay for all funeral expenses, other incidental expenses and provide a meager death benefit of a few thousand dollars.

Additionally, the family is only entitled to recover “pecuniary losses” which are those financial losses which the family can prove would have been received by them had the person lived and the value of the services which the person would have provided. Our New York wrongful death lawyers have expertise in working with forensic economists to maximize our client’s recovery.

Additionally, the estate can recover for the pre-death pain and suffering of the deceased. So our attorneys regularly work with forensic pathologists to determine how long the decedent lived after the accident.

Also another hurdle which the family must face is having an estate set up because the cause of action must be prosecuted by the estate. So another initial step involves bringing a petition for letters of administration to the Surrogate Court. Our New York accident lawyers routinely prepare these applications as a courtesy to the families of those who suffer wrongful death in New York.

 
The Law Offices of Michael H. Joseph