New York Car Accident Lawyer Guide to Wrongful Death Claims

When Should You File a Wrongful Death Claim? The New York Car Accident Lawyer Guide

Losing a loved one suddenly in a car accident is a numbing experience. Days can blur all together, and conversations, especially about insurance or paperwork, become hard to follow. If you’ve set legal questions aside for now, that’s a completely normal reaction during this period of grieving. Still, in wrongful death cases, timing matters more than many families realize. Your legal rights will depend on when action is taken, even if it doesn’t feel like the right moment yet. This New York car accident lawyer guide explains how wrongful death claims work, the timelines that apply, and what you can expect at each stage, so families can understand their position without feeling rushed or pressured into decisions.

What Is Wrongful Death?

Wrongful death refers to a situation where someone loses their life because another person or entity failed to act with reasonable care. In New York, this can happen in many everyday settings such as a serious car accident on a major roadway like the Long Island Expressway, a construction incident near a busy bridge, or a medical error in a hospital. What these situations have in common is that the death may have been preventable if proper care had been taken.

A wrongful death claim allows surviving family members to seek financial support for losses tied to the death.

Damages You May Be Able to Recover in a Wrongful Death Claim

Depending on the circumstances, damages may include:

Funeral and burial expenses
Medical expenses related to the final injury or illness
Loss of income and financial support
Loss of services and care such as household support and childcare
Loss of parental guidance or companionship

The specific damages available depend on the details of the case and how New York law applies to the family’s situation. A New York fatal car accident lawyer can evaluate your case and explain what to expect.

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The Difference Between a Wrongful Death Claim and a Wrongful Death Lawsuit

A wrongful death claim begins outside the courtroom. Your fatal car accident lawyer will notify the at-fault party or their insurance company that a death occurred because of negligence in order to seek compensation through the claims process. This stage happens quietly, through communication and negotiation, rather than in a courtroom setting.

A wrongful death lawsuit, on the other hand, is filed in civil court. This step is taken when a claim cannot be resolved fairly or when important legal deadlines require formal action. Filing a wrongful death lawsuit does not always mean the case will go to trial, but it does create a structured legal process and helps preserve your family’s rights. Your wrongful death lawyer in New York will explain whether a lawsuit makes sense based on the circumstances and timing of the case.

What is the Deadline for Filing a Wrongful Death Claim After a Car Accident in New York?

You get two years to file a wrongful death claim in New York. This time period begins on the date of the death of your loved one and not the date of the accident itself. For example, if an individual passed away 10 days after a crash, the deadline begins on the day they died rather than when the collision took place.

While two years sounds like plenty of time, the early months after a loss pass quickly. Investigations will still be ongoing, records take time to obtain, and families are dealing with practical matters they didn’t expect. Because of this, many people don’t realize how much time has already passed until they begin asking legal questions.

It’s also important to know that some situations can affect the deadline. Claims involving government vehicles or public entities could have shorter notice requirements, and delays in determining the cause of death can also complicate timing.

What Happens When You Miss the Deadline to File a Wrongful Death Claim?

When the deadline passes, the court will no longer be able to consider a wrongful death claim. This means the option to pursue the claim via the legal system will no longer be available, even if the loss was caused by someone else’s actions.

It’s also important to note that not everyone can file a wrongful death claim. Compensation can only go to:

A spouse
Children
Parents
Other beneficiaries

Knowing about the deadline ahead of time helps families avoid losing options before they’ve had a chance to consider them. And if you have doubts about who qualifies as another beneficiary, a fatal car accident lawyer can advise.

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How Liability Affects Who Covers the Costs After a Fatal Car Accident

Liability simply means legal responsibility. In a wrongful death case, it determines who is required to cover the financial losses connected to the death. This responsibility depends on what happened and whether another person caused the accident by acting carelessly or failing to act when they should have.

In most cases, compensation comes from insurance. Depending on the situation, this may be auto insurance, an employer’s policy, property insurance, or medical malpractice coverage. Insurance is involved because it is designed to pay for losses such as medical bills, funeral costs, and lost financial support.

Sometimes, insurance coverage is not enough. Policies have limits, and when those limits don’t fully cover a family’s losses, the person who caused the car accident may be personally responsible for the remaining amount. In such situations, a top car accident lawyer in New York NYC looks closely at the facts of the case and helps the family understand whether pursuing additional recovery makes sense.

Steps Taken by Your New York Car Accident Lawyer to File a Wrongful Death Claim

You’ll be able to get one step closer to making sense of what happened after a sudden loss by understanding the facts. A New York car accident lawyer reviews medical records, accident reports, and other available information to build a clear picture of how the incident occurred and whether negligence would have played a role.

From there, evidence will be collected while details are still accessible. Records and witness information should be documented before they fade and become harder to obtain. This is why it’s important to get support from a car accident lawyer or a wrongful death lawyer in NY as soon as possible. In some cases, your law firm will bring in expert witness testimony to explain technical details or long-term impact.

Once all these steps have been taken, your attorney looks at how the loss affects your family in practical terms and works on bringing in support promptly by pursuing the type of compensation you need the most. Throughout this process, all communication and deadlines will be handled directly by your attorney, so you are not pulled into constant calls or forced to make decisions without context.

Taking the Next Step, When You’re Ready

Speaking with a New York car accident lawyer doesn’t mean committing to a lawsuit or making immediate decisions. It gives you the opportunity to ask questions, understand how the law applies to your situation, and learn what steps may help protect your family’s rights.

If you are unsure where to start or want to better understand what comes next, the law office of Alex Yadgarov & Associates is here to help. Schedule a free consultation at 866-995-9035 or email info@yadgarovlaw.com for more details.