If you recently lost a loved one in a fatal car accident, you and your family are undoubtedly going through an extremely difficult time and are likely wondering what you can do next. Losing a beloved family member is not only difficult for a family to endure on an emotional level, but often on a financial one as well and, therefore, it is important to understand that there are some legal actions you can and should take as soon as possible to obtain fair and just compensation.
We have put together a list of some vital information for surviving family members:
- Understanding liability: In most standard motor vehicle accident cases, the negligent or reckless driver who caused the accident is held liable. Whether the driver was driving under the influence of alcohol, drugs, or was speeding, he or she would ultimately be considered responsible for the death of your loved one. That said, there are some cases in which other factors, such as defective car parts, that can potentially play a part in fatal motor vehicle accidents. Your attorney will be able to help you determine liability by conducting an investigation.
- Meeting the wrongful death requirements: In order for surviving family members to have a viable wrongful death lawsuit, their case must meet certain requirements. It must be proven that the death of your loved one was caused by the motor vehicle accident, that the other driver’s actions were negligent and that he or she was to blame for the accident, the fatally wounded family member is survived by beneficiaries or dependents, and that the surviving dependents or beneficiaries sustained monetary damages as a result.
- Individuals who can file a wrongful death lawsuit: In New York, certain individuals are able to file a wrongful death lawsuit. This includes the spouse, children, parents, or the personal representative of the deceased person. Typically, siblings and cousins cannot file a wrongful death lawsuit unless they have been established as the personal representative of the deceased person’s estate.
- Damages available to surviving family members: In New York, surviving family members can obtain compensation that potentially covers a vast range of losses, which include funeral expenses, any medical care and expenses related to the deceased person’s fatal injury, lost wages or benefits, the loss of services or support provided by the deceased person, and more.
Compassionate Wrongful Death Attorney in Nassau County
If you recently lost a loved one in a fatal motor vehicle accident, you should not hold off on seeking skilled legal representation to obtain the compensation your family needs and deserves. At the Law Offices of Charles R. Gueli in Nassau County, our skilled and compassionate wrongful death attorney has the knowledge and insight to effectively represent you and hold the responsible party liable for your losses.
Get started on your wrongful death lawsuit today and contact our law office at (516) 628-6402 to schedule your free initial case evaluation with our attorney.