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Car accident lawyers in Brooklyn can guide you through the process of filing a personal injury claim on behalf of a deceased party. Our efforts can give you the space you need to grieve while preserving your right to take legal action against an offending party.
Who Can Represent the Deceased in a Car Accident Case?
Before you can take legal action on behalf of the deceased, you need to determine whether or not you can file a personal injury claim under New York’s civil statutes. Brooklyn personal injury lawyers can help you break down the statutes most relevant to your case before you dive into the world of civil action.
New York outlines a family’s right to legal action on behalf of a deceased party in New York Consolidated Law §4-1.1. According to this statute, you can only take action if you’re the deceased’s:
- Child or children
- Parents
- Spouse
- Estate representative
If you don’t fill one of these roles but still feel you’ve endured losses due to a loved one’s fatal accident, consider scheduling a free case evaluation with the fatal car crash attorneys in Brooklyn. Our team can break down your legal rights and help you demand compensation for your losses based on your relationship to the deceased and their accident.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800Should You File a Car Accident Claim on Behalf of the Deceased?
When you’re grieving the tragic passing of a loved one, you may not feel emotionally ready to go to court. We understand this. That said, taking legal action on behalf of a deceased individual allows you to more effectively pay the bills related to that person’s accident and post-life care.
Fortunately, you have a reasonable amount of time to determine whether or not you want to file a personal injury claim after a loved one’s fatal car accident. Brooklyn attorneys can help represent your best interests at any point within the three years allotted to you by New York Civil Practice Law & Rules section 214, or the state’s personal injury statute of limitations.
We do recommend that if you are interested in pursuing legal action, you reach out to an experienced team of attorneys as soon as you can after a loved one’s passing. Reaching out sooner means that our team has more time to investigate your losses and compile a complete claim.
How Can You Argue for Damages in a Fatal Car Accident Claim?
Filing a fatal car accident claim within New York’s personal injury statute of limitations does not mean that you have to go to trial to win the support you need to pay your bills. You get to choose how your case proceeds so long as a judge approves its forward motion.
This means that you can either negotiate for the support you deserve out of court or request a bench trial. You may additionally have the right to request a jury trial depending on the severity of your loved one’s accident and losses.
You do not, unfortunately, have the right to initiate criminal action against an offending party. If the state opts to charge an offending driver with manslaughter, murder, or related criminal consequences, though, keep your ear to the ground. Criminal convictions following your loved one’s tragic car accident can serve as proof of negligence in civil court.
Contact our Brooklyn Car Accidents Lawyers today
877-751-9800Should You File an Insurance Claim After a Loved One’s Fatal Car Accident?
You may have the right to file a claim with an offending party’s insurance provider following the fatal accident involving your loved one. However, insurance claims adjusters do not grow more sympathetic to the loss of their money in the face of your loved one’s passing. In other words, these providers may continue to act in bad faith if you attempt to act on someone else’s behalf.
You can get ahead of these attempts to act in bad faith, though, with help from Brooklyn’s fatal car accident attorneys. Our team can mediate conversations between you, and an insurance claims adjuster to point out instances of bad fake behavior and see those instances rectified.
We still recommend that you consider filing a personal injury claim on your loved one’s behalf if the law in New York gives you the right to do so. Exploring both courses of action gives you the best opportunity to receive the most possible compensation for your loved one’s passing.
We Balance Your Grief With Your Right to Legal Action
Fatal car accidents leave you with more than bills to deal with. The grief of unexpectedly losing a loved one can devastate you and your family. You deserve time to recover and grace to express the extent of your grief. At the same time, though, Morelli Law Firm believes that you’re entitled to compensation based on your and your loved one’s losses.
That’s why our fatal car crash attorneys in Brooklyn are ready to go to bat for you. You can count on our team to represent you in a fight for accident compensation without compromising your right to private grief. You can contact our team today to learn more about how our services can benefit you.
Book a free fatal car accident case evaluation before your statute of limitations expires.
Call or text 877-751-9800 or complete a Free Case Evaluation form