What to Do After Losing a Loved One in a Fatal Car Accident
Did you recently lose someone close to you in a fatal car accident? This kind of loss is sudden, painful, and confusing. On top of your grief, you might be dealing with unexpected medical bills, funeral costs, or pressure from insurance companies. If so, you should know that you don’t have to face all of this by yourself. A fatal car accident attorney can handle all the legal details for you and help you and your family move forward.
Immediate Steps to Take After a Fatal Car Accident
The shock can feel overwhelming after a fatal car accident, but you can take steps in the immediate aftermath to secure key information for future legal action.
Notifying Next of Kin and Handling Emergency Services
First, make sure emergency responders have contacted the deceased’s next of kin. If that hasn’t happened yet, you can reach out yourself. Comply with any instructions from police, EMTs, or the medical examiner to confirm the identity of the person and create an official record.
Obtaining a Copy of the Police Report
Next, ask for a copy of the accident report. You can usually get it from the local police department or request it online. The official report often includes key facts like who was involved, what happened, and whether the officer issued any tickets.
Preserving Evidence from the Scene
If you have access to the scene, take photos and videos as soon as possible. Save any items that might indicate what happened, such as debris or personal possessions. If you can’t do this yourself, an attorney can help you collect and preserve evidence.
Understanding Wrongful Death Claims
A wrongful death claim allows surviving family members to seek compensation if someone dies because of another person’s actions.
What Qualifies as a Wrongful Death
A wrongful death occurs when someone dies due to another person’s wrongdoing, carelessness, or failure to act. If the person who died would have had a personal injury claim if they had survived, then their death will likely qualify as wrongful under New York law.
How Fatal Car Accidents May Lead to Wrongful Death Lawsuits
A fatal car accident can lead to a wrongful death lawsuit if the crash happened because someone broke the law or acted carelessly. If the person who caused the crash would have been responsible for injuries had the victim survived, they could face liability in a wrongful death claim.
Proving Negligence or Fault
You must present strong evidence showing that someone else’s actions caused the crash to win a wrongful death claim after a fatal car accident. A fatal car accident lawyer can gather and review the evidence to determine who was at fault and build a strong claim for your family.
Who Can File a Wrongful Death Lawsuit?
In New York, the personal representative of the deceased’s estate must file the wrongful death lawsuit. This person is usually named in the deceased’s will or appointed by the court. Family members can’t file the lawsuit themselves unless the court appoints one of them as the personal representative.
Even though only the personal representative can bring the claim, any money they recover goes to surviving family members. That might include a spouse, children, or other close relatives who relied on the person for support. An attorney can help you determine who should file and how to get started.
How Long Do You Have to File a Wrongful Death Claim in New York?
You usually have two years from the date of death to file a wrongful death lawsuit in New York. If you wait too long, the court will likely refuse to hear your case, and your family won’t be able to recover any compensation. This filing deadline is strict, so it’s best to contact a lawyer right away.
Contact a Fatal Car Accident Lawyer in New York
If you lost someone in a fatal car accident, contact Scott C. Gottlieb, Injury Law Attorney for a free consultation. We will listen to your story, answer your questions, and help you explore your legal options.
