Fatal Car Accidents
Losing someone in a fatal car accident is a devastating experience, which leaves families not only without the emotional support of their loved one but also often with a significant financial loss. When a collision is caused by another driver’s careless or reckless actions, that driver should be held accountable for the harm that his or her dangerous driving caused. Queens car accident lawyer Marc S. Albert assists families and estate representatives with pursuing wrongful death claims on behalf of victims who have lost their lives in a fatal collision. The Law Offices of Marc S. Albert has offered knowledgeable legal representation to New York City and Long Island clients for over 20 years, and we are dedicated to making sure that car accident victims’ legal rights are aggressively pursued. If you have questions regarding your legal options after losing a family member in a fatal car crash, contact our office today to speak with an attorney and find out more about how we can help.Fatal Car Accidents in New York City and Surrounding Areas
In 2016, 229 victims were killed as a result of traffic-related accidents in New York City, either as pedestrians, drivers, passengers, or bicyclists on the road. According to the New York Department of Health, motor vehicle collisions are the leading cause of injury-related deaths statewide. Fatal car accidents are often caused by drivers under the influence of drugs or alcohol, but distracted driving practices, as well as speeding or aggressive maneuvers, can sometimes be just as dangerous. Drivers who create unsafe conditions on the road should be held legally accountable when a person loses his or her life as a result. The plaintiff’s attorney would need to prove that the defendant’s carelessness directly led to the collision in which the plaintiff’s loved one died, possibly by using a combination of witness testimony, photograph or video evidence, and expert testimony.
Wrongful death claims are pursued on a deceased victim’s behalf against a party responsible for his or her death. These cases are based on negligence, whereby a defendant has breached his or her duty of reasonable care owed to a victim, causing a fatality and resulting in damages. Under New York law, only personal representatives of an estate can file a wrongful death lawsuit. These plaintiffs can either be executors appointed to oversee a victim’s estate in a will or individuals named as estate administrators. Often, this named executor or administrator is a surviving spouse or child of the victim. If not, relatives do not have separate rights to pursue legal action themselves under state law. However, successful wrongful death claims can result in damages being awarded to a victim’s heirs as well as to the estate itself.
In wrongful death claims, damages are categorized into two types, known as pecuniary losses and conscious pain and suffering. Pecuniary losses are economic damages sustained as a result of a victim’s death, including any medical costs incurred from a fatal accident, lost earnings, loss of household services, loss of parental nurturing, and burial or funeral costs. Conscious pain and suffering refers to damages related to what a victim suffered during the time that he or she was still conscious before dying. In New York, personal representatives must bring claims arising from a wrongful death within two years of a victim’s passing.Consult a Knowledgeable Queens Attorney Regarding Your Car Crash Claim
The time after a fatal car, truck, or motorcycle accident is traumatic as families struggle to figure out their next steps and how to cope with their loss. Queens attorney Marc S. Albert is committed to making sure that these families receive the support that they need, advocating on their behalf throughout the legal process. The Law Offices of Marc S. Albert offers personalized and compassionate legal representation to residents of New York City and Long Island via offices in Astoria and Syosset. If you have lost a loved one in a fatal collision, contact our office today online or at 855-252-3788 to find out more about how we can help.