Fatal Car and Truck Accidents
The wrongful death attorneys at the Jesse Minc Law Group offer the experience and expertise necessary to give the families of victims of fatal car accidents and truck accidents in New York City the best possible chance of a recovery when the unimaginable happens due to the negligence of others. Our network of investigators, experts, and support staff help our injury lawyers prepare comprehensive and compelling cases and recover the maximum amount of damages for our clients. Our greater than 95 percent success rate in obtaining verdicts and settlements for our injured clients and their families speaks for itself. We take pride in making sure that each client receives the individual attention that they need. Our Bronx wrongful death attorneys limit the number of cases that we will accept for this reason. Each of our clients is given a direct line of contact with their attorney, so they will not get lost in a maze of assistants while trying to get answers to their questions, and so that they can have their questions answered promptly and accurately during the pendency of their case. We know how important our clients’ cases are to them, and every case we take on is important to us for this reason.
Families of fatal crash victims should know that, if our firm accepts your fatal car crash or truck crash lawsuit, we offer to perform the necessary work of setting up an estate – wehther through an administration proceeding or probate proceeding in Surrogate’s court – in connection with your case. WE, UNLIKE MANY OTHER FIRMS, DO NOT CHARGE ANY ADDITIONAL LEGAL FEES FOR THIS SERVICE. This fee-free additional service can save families thousands of dollars in additional legal costs. We believe that families of fatal crash victims have been through enough, and this is one of the many ways that we show our support for our clients in their time of need.
Vehicular accidents are one of the leading causes of death in New York and all across the United States. For example, as many as 40,000 fatalities occurred nationally in 2016 because of automobile accidents, according to the National Safety Council, with about 4.6 million more resulting in serious bodily injuries which left victims in various states of disability. When a car or truck accident results in someone’s death, whether they were a driver, a passenger, or a pedestrian, New York’s wrongful death law may allow their family members to recover damages for economic losses incurred as a result of the death of the accident victim, and also for conscious pain and suffering to compensate for the agony and pain experienced by the accident victim in the moments leading up to their death.Wrongful Death Claims Due to Fatal Car and Truck Accidents
Under New York law, the personal representative of a person who died because of someone’s wrongful act or negligence may sue that party for damages on bealf of the surviving family members of the victim. Usually, the person selected to serve as the estate representative is one of the decedent’s children, or their surviving spouse, but ultimately the decision of whom to appoint is up to the surviving family members. A plaintiff and their Bronx attorney must be able to show that the defendant engaged in a wrongful act or breached a duty of care owed to the decedent, that this caused the decedent’s death, and that the decedent could have filed suit for injuries themselves had the accident not been fatal.
A wrongful death claim allows recovery of damages related to the economic loss caused by the decedent’s death, such as loss of financial support from that person’s contribution to the family income, or that person’s contribution to household work that kept the family going while he or she was alive. A separate, but related, claim allows a plaintiff to recover damages for the conscious pain and suffering experienced by the decedent so long as it can be proven that the decedent actually was aware that they were injured or dying before they passed away.Insurance Benefits Following a Fatal Car or Truck Accident
Car accident injury cases almost always involve claims for insurance benefits. Insurance companies have become quite adept at finding ways to apportion blame for accidents in ways that minimize their obligations. New York law therefore requires auto insurance policies to include no-fault insurance that provides compensation for people injured in car accidents, without regard to fault or blame. It also sets a threshold known as the “serious injury” requirement. Injuries that do not meet this requirement are not eligible for no-fault insurance benefits. However, the statute specifically includes “death” as a covered “serious injury,” so this provision always applies in wrongful death cases. Often, there are specific insurance benefits, known as “death benefits”, available to fatal crash victims through no-fault insurance policies. Our team will make sure that your family obtains every possible insurance benefit available to you if your loved one is killed in a car accident or truck accident in New York State.Liability Questions and Safety Rules Affecting Truck Accident Claims in New York
Truck accidents often cause far more damage than other vehicular accidents because of the sheer size and mass of semi-trucks and other commercial trucks. Liability for truck accidents can be complicated, with drivers, employers of the drivers, owners of the truck, and owners of the cargo trailer pointing fingers at one another.
Trucking safety regulations place special responsibilities on truck drivers and trucking companies that could be relevant to a claim of liability. These include limits on driving hours to guard against tired and inattentive drivers, as well as strict rules about drug use by drivers, including legal prescription medications that could cause drowsiness.Hire an Experienced Wrongful Death Attorney in the Bronx to Assert Your Rights
At the Jesse Minc Law Group, our attorneys and staff work tirelessly to provide top-quality legal representation to our clients. We have access to resources that enable us to prepare the best possible case for each client, whether we are facing off against an insurance company or an individual or corporate defendant. We work with a former N.Y.P.D. officer to investigate claims, identify and locate witnesses, and obtain evidence. Our network of experts includes top people in fields like safety, forensics, and medicine. In wrongful death cases, we also can assist clients who are dealing with probate matters. All of these resources are available to our clients at no upfront cost. We pay 100% of the cost of preparing your case, and you are only obligated to pay us back if we recover damages for you. To schedule a free, confidential, no-obligation consultation, contact us today through our website or at (718) 354-8000. We represent people throughout the Bronx, Manhattan, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties.