What Is The Claim Process In Trucking Accidents And How Does It Work?
How Do You Begin The Claim Process In These Severe Types Of Accidents? What Is The Process?
In a wrongful death case involving a truck accident in New York, the first thing you need to do is get the autopsy because the New York State has crazy laws that, in a wrongful death case, you can only recover the person’s financial worth or the amount of pecuniary losses or economic losses caused to the family and their pain and suffering pre-death, so you need to autopsy to determine exactly what the cause of injury was and often, pathologists are used to testify as to how long someone lived in pain after the accident as a way to document that they had some pain and suffering, otherwise it’s just difficult.
The other thing in a New York wrongful death truck accident, is that you have to have an estate set up, so you need to find if the person had a will and find the will. If not, you have to go through the estate process first to get letters of administration to allow you to prosecute the lawsuit. Also, in a car versus truck accident, the driver of the car or anybody in the car needs to file a no-fault application within 30 days of the accident to be able to get medical benefits and wage benefits if they are unable to work. For a pedestrian who is hit by a truck, they also need to file a no-fault application with the truck driver’s insurance company within 30 days and the truck driver’s insurance company is responsible for paying all the medical and lost wages that the person who is involved in the car accident sustained.
What Is The Timeframe To File The Claim In That Case And What Is That Time Limit?
The timeframe to file a no-fault application is 30 days. The timeframe to file letters of administration to prosecute a wrongful death claim could be done well after 30 days.
As far as the time limit is concerned, there’s not really a time limit per se to do administration but it should be done as soon as possible. The New York wrongful death statute of limitations is two years.
There is one additional time limit in New York, which comes into play is if you are involved in an accident with a municipal vehicle like a garbage truck or a maintenance truck or a construction truck that works for a town, then you still have a 90-day notice of claim period. Another example is if you get hit by a sanitation truck, you still have to file a notice of claim, if it’s the New York City Transit Authority or if it is the New York City Sanitation Authority, you have to file a notice of claim with either the City of New York with Sanitation, with the transit authority if it’s transit or if it’s a different public authority, you need to file a notice of claim usually with that public authority. Our Manhattan and New York truck accident lawyers can usually have the notice of claim filed within a day or two after meeting with a new client and our personal injury attorneys have extensive experience in handling truck accident cases involving personal injury.
For more details about the Claims Process In A Trucking Accident in New York, call the law office of Michael Joseph at(212) 858-0503 and get the information and legal answers you’re seeking.