Losing a loved one in a tragic car accident is a devastating experience that no family should ever have to endure. Unfortunately, traffic fatalities are all too common. Last year, an estimated 40,990 people died in motor vehicle accidents in the United States, according to the National Highway Traffic Safety Administration (NHTSA).
When a fatal car crash is caused by the negligent or wrongful actions of another party, the surviving family members may have the right to file a wrongful death claim to seek justice and compensation for their losses.
A Brooklyn wrongful death lawyer can provide the legal support needed to navigate this challenging process.
Table of Contents
- What Is a Wrongful Death Claim?
- When Can You File a Wrongful Death Claim After a Car Accident?
- What Damages Can Be Recovered in a Wrongful Death Car Accident Claim?
- Time Limits for Filing a Wrongful Death Claim
- What If the Deceased Was Partly at Fault for the Car Accident?
- How Our Attorneys Can Help With Your Wrongful Death Claim
- Our Track Record of Success
- Wrongful Death FAQs
- Contact a Knowledgeable Wrongful Death Attorney Today
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit that can be brought by certain family members when their loved one was killed due to the negligence, recklessness, or intentional actions of an individual or entity.
The basis for a wrongful death case is that if the deceased person had survived, they would have had grounds for a personal injury claim against the at-fault party. Since the victim cannot bring their own claim, state laws allow specified relatives to pursue legal action on the decedent’s behalf.
In most states, a wrongful death claim after a fatal car accident can be filed by the personal representative (executor) of the deceased person’s estate. This is often a close family member, such as a spouse, adult child, or parent. The representative brings the claim for the benefit of the surviving family members and the estate itself.
While the specific laws vary by state, the parties that may be entitled to receive compensation from a wrongful death case usually include:
- The spouse or domestic partner of the deceased
- The deceased person’s children or stepchildren
- The deceased person’s parents
- Other family members who were financially dependent on the deceased, such as siblings or grandparents
When Can You File a Wrongful Death Claim After a Car Accident?
A wrongful death claim may be warranted after any type of fatal motor vehicle crash that was caused by negligence.
Some common scenarios that could give rise to a wrongful death case include:
- Accidents caused by drunk, drugged, or drowsy drivers
- Speeding or reckless driving accidents
- Crashes caused by distracted driving, such as texting behind the wheel
- Accidents involving a defective auto part, like faulty brakes or tires
- Fatal crashes caused by hazardous road conditions that should have been repaired
To have grounds for a wrongful death lawsuit, your attorney must prove the following key elements:
- Duty of Care: The defendant (at-fault party) owed a duty of care to the deceased victim. All drivers have a legal obligation to operate their vehicles safely and responsibly.
- Breach of Duty: The defendant breached their duty through negligent actions or failure to act. Examples include running a red light, driving while intoxicated, or texting behind the wheel.
- Causation: The defendant’s negligence was a direct and proximate cause of the car accident that led to the victim’s death. The plaintiff must show the crash would likely not have occurred if not for the defendant’s wrongful conduct.
- Damages: The victim’s death resulted in losses to their estate and surviving family members, such as medical bills, funeral expenses, lost income, and pain and suffering.
What Damages Can Be Recovered in a Wrongful Death Car Accident Claim?
No amount of money can ever make up for the profound loss of a loved one. However, securing full and fair compensation through a wrongful death claim can help ease the financial burdens and bring a sense of justice.
Damages that may be available in these cases include:
- Medical bills incurred from the time of injury until death
- Reasonable funeral and burial expenses
- Loss of the deceased person’s expected earnings, benefits, and inheritance
- Loss of the deceased person’s services and support
- Loss of care, guidance, training, advice, and nurturing the deceased would have provided to their children
- Loss of love, companionship, comfort, affection, society, solace, and moral support
- Surviving family members’ mental anguish or grief
- Punitive damages in cases of gross negligence or intentional harm
The specific damages available and caps on certain types of losses vary based on the wrongful death statutes in each state. An experienced wrongful death attorney can fully explain the damages you may be entitled to based on your unique situation.
Time Limits for Filing a Wrongful Death Claim
Each state has a strict statute of limitations that sets a deadline for filing a wrongful death lawsuit. Statutes of limitations for wrongful death claims are typically between one and three years from the date of the person’s death, although this varies by state.
In New York, New Jersey, and Pennsylvania, the statute of limitations for filing a wrongful death claim is two years. If you attempt to file a wrongful death claim after the statute of limitations expires, the court will almost certainly dismiss your case.
Given the time-sensitive nature of these cases, it’s advisable to discuss your situation with a skilled car accident lawyer as soon as possible. Your attorney can ensure all filing deadlines and procedural requirements are met so that you preserve your right to pursue the compensation your family deserves.
What If the Deceased Was Partly at Fault for the Car Accident?
In some fatal car accidents, the investigation may reveal that the deceased person was partially responsible for the crash. This can complicate a wrongful death claim, as the victim’s degree of fault can impact the amount of compensation their family is entitled to receive.
The specific implications of the deceased’s partial fault depend on the state where the accident occurred. New York, New Jersey, and Pennsylvania address this situation using a comparative negligence approach.
In the comparative negligence rule, the settlement in a wrongful death case is reduced by the percentage of fault attributed to the deceased. For example, if the victim were found to be 30% at fault, their award would be reduced by 30%. New York uses a “pure comparative negligence” system, which allows recovery even if the deceased was more than 50% responsible. Other states, like New Jersey and Pennsylvania, follow a “modified comparative negligence” rule, which bars recovery if the victim’s fault exceeds a 51% threshold.
Determining fault in a fatal car accident can be complex, often requiring a thorough investigation and input from accident reconstruction experts. Insurance companies frequently try to shift blame onto the victim to minimize their own financial liability. This is why it’s crucial to work with a skilled wrongful death attorney who can gather evidence, build a strong case, and fight back against tactics designed to pin fault on your loved one unfairly.
Even if your loved one was partly responsible for the crash, you may still be entitled to significant compensation if the other driver was mostly at fault. An experienced lawyer can evaluate your case, explain how your state’s laws apply, and advocate for the maximum recovery possible in your situation.
While the deceased’s partial fault can present challenges, it does not necessarily mean your family is barred from seeking the justice and support you need during this difficult time.
How Our Attorneys Can Help With Your Wrongful Death Claim
Dealing with the death of a beloved family member, along with all of the resulting emotional and financial hardships, is overwhelming enough. The added stress and complexity of pursuing legal action can feel like too much to bear. This is where having a compassionate wrongful death lawyer on your side can make all the difference.
When you work with the attorneys at Rothenberg Law Firm, we will handle every aspect of your wrongful death case so you can focus on honoring your loved one’s memory and beginning to heal.
Our dedicated team will:
- Offer a free, no-obligation case evaluation to discuss the details of the fatal crash and explain your legal options
- Thoroughly investigate the accident to gather evidence such as the police report, photos/videos from the scene, driver cell phone records, vehicle maintenance records, and more
- Work with accident reconstruction specialists and other experts to conclusively establish fault and prove your case
- Identify all possible sources of compensation, including the at-fault driver’s insurance coverage, your own uninsured/underinsured motorist coverage, and more
- Handle all communication with the insurance companies and firmly negotiate for a fair settlement
- Have a respected trial attorney fully prepared to advocate for you in court if a reasonable settlement cannot be reached
- Charge no upfront costs and collect no legal fees unless we win your case
At Rothenberg Law Firm, we understand that no family expects to need a wrongful death attorney. Our mission is to support and guide families through the process of seeking the justice and compensation they deserve.
Our Track Record of Success
Our law firm has extensive experience successfully handling wrongful death car accident claims, recovering billions of dollars on behalf of our clients.
Some of our notable results in wrongful death cases include:
- $19.87 million for the wrongful death of a pregnant woman killed in an explosion
- $13.75 million in a wrongful death case of a client
- $6.5 million in a wrongful death case involving a Food Explorer rollover accident
- $1.4 million recovered in a wrongful death case against a major automobile manufacturer
- $1 million recovered on behalf of the estate of a pedestrian struck and killed by a delivery van
- $950,000 in a workplace wrongful death due to an OSHA violation
While we know that past victories can never guarantee future results, our dedication and tireless advocacy have helped countless families secure the best possible outcome in their case. Let us put our skills and resources to work for your family.
Wrongful Death FAQs
What if the at-fault driver doesn’t have insurance or enough coverage?
If the negligent driver is uninsured or underinsured, you may still have options for securing compensation. Your own auto insurance policy may include uninsured/underinsured motorist coverage to help pay for damages. An experienced car accident attorney can identify all potential sources of recovery in your case.
How much is my wrongful death case worth?
The value of a wrongful death claim depends on numerous factors, including the circumstances of the accident, the extent of the deceased’s financial contributions to the family, and the state’s laws on available damages.
An attorney can evaluate your case and provide an estimate of its potential worth, but it’s important to remember that each case is unique. Ultimately, the goal is to secure the maximum compensation your family needs to move forward.
Will filing a wrongful death claim add more stress during an already difficult time?
While taking legal action may seem overwhelming after a tragic loss, working with a compassionate wrongful death attorney can actually help alleviate stress.
Your lawyer will handle all aspects of your claim, from investigating the accident to negotiating with insurance companies, so you can focus on honoring your loved one’s memory. Knowing you have a strong advocate in your corner can provide peace of mind during this challenging chapter.
How long does a wrongful death car accident case typically take?
The timeline for resolving a wrongful death claim can vary significantly depending on the complexity of the case and whether it settles out of court or goes to trial. Some cases may be resolved in a matter of months, while others can take a year or more. Your attorney can provide a more specific estimate based on the unique circumstances of your case.
How are wrongful death settlements paid out?
Wrongful death settlements are typically paid out in one of two ways: a lump sum or structured payments. With a lump sum, the entire settlement amount is paid at once. With structured payments, the settlement is dispersed in smaller increments over time. Your attorney can advise you on the best option for your family’s financial needs.
Contact a Knowledgeable Wrongful Death Attorney Today
If you have tragically lost a family member in a fatal car accident caused by someone else’s negligence, don’t wait to seek the legal guidance you need. The compassionate wrongful death lawyers at Rothenberg Law Firm are here to stand up for your rights. We serve clients throughout New York, New Jersey, and Pennsylvania.
Contact us today at 800-624-8888 or through our online form for a free, no-obligation consultation. Our attorneys work on a contingency fee basis, so you won’t owe any upfront costs or fees unless we recover compensation for you.
No family should have to endure the unimaginable pain of losing a loved one due to a preventable car accident. Let us fight for the justice your family deserves while you focus on honoring your loved one’s memory and beginning to heal. We’re here for you during this difficult time.
