(845) 802-0047In a split second, a trucking accident could change a family forever. This is because 18 wheeler wrecks usually result in serious personal injuries. The most serious personal injury in any semi tractor-trailer crash is a wrongful death. As the family of someone who was wrongfully killed in a fatal collision with a commercial truck, you are left with the task of moving forward without your loved one. This carries many burdens with it, including emotional, physical, and financial burdens. That is where a New York trucking accident lawyer can help you and your family remove those burdens from your shoulders so you can focus on healing after a fatal trucking accident.
When your family has lost a loved one in a trucking accident involving a large box truck, 18 wheeler, big rig, or another tractor-trailer, you may be able to recover compensation for your loss through a New York wrongful death action. This type of claim can help you and your family recover compensation to support your financial future in the aftermath of a fatal trucking accident.
New York Wrongful Death Law: Who Can Commence and Action and When
Under New York law, the personal representative of the estate of the deceased may commence a wrongful death action. The personal representative may be a surviving spouse, surviving child, parent, sibling, aunt/uncle, a person designated under a Last Will, or another court-appointed representative. A claim must be filed within two (2) years of the death of a family member.
In order to properly commence a wrongful death action, New York law has certain requirements which must be satisfied. These elements include that there was a death, the death was caused by the wrongful conduct (negligence) of the defendant, the deceased could have pursued the claim if he or she had not died, there are one or more persons who suffered a loss due to the death, and the damages are recoverable by the estate. Missing one or more of these factors may make it difficult to commence a wrongful death action, but there may be exceptions that a New York trucking accident lawyer may know to help protect your claim.
Damages in Fatal Trucking Accidents
When a family has lost a family member due to a fatal trucking accident, the family may be entitled to different types of “damages.” Like in most personal injury actions, damages generally are compensatory in nature. The goals of compensatory damages in a wrongful death action are to 1) compensate the victim’s family for their loss, 2) punish the wrongful conduct of the trucking company, and 3) deter future wrongful conduct.
The most common types of damages that a family may be entitled to in a fatal New York trucking accident include the following:
- Funeral and burial costs;
- Medical bills of your loved one;
- The conscious pain and suffering of your loved one before passing;
- Lost wages and lost earnings due to the wrongful death;
- Loss of consortium, which includes loss of affection, companionship, and services of their loved one;
- Mental anguish and emotional distress of the victim prior to passing;
- Property damage;
- Punitive damages in rare but egregious cases; and
- Other damages related to the fatal trucking accident.
Call our New York Fatal Trucking Accident Lawyer
If you have lost a loved one in an 18 wheeler wreck, get legal help for what to do next. These are complicated and difficult cases that not just any personal injury lawyer can handle. An experienced New York truck accident lawyer is needed to help you establish violations of New York law and federal regulations, fight back at the insurance companies who will try to deflate your claim, and handle the complicated medical record which accumulates in a wrongful death action. Call us to schedule a FREE consultation to learn how we can help protect your rights to compensation.