While money can never bring a loved one back after a fatal accident, it can help to make a world of difference after they’re gone. Those responsible for your tragic loss may be financially responsible for the damage they’ve done. An experienced New York wrongful death lawyer from the Law Office of Cory Garcia, P.C., can help you fight to maximize your financial recovery.

Our attorneys have more than 38 years of combined experience – and we’re ready to advocate to get you a full and fair financial award. Contact us to get started with a free case evaluation today.

Why Should I Hire the Law Office of Cory Garcia, P.C. After a Fatal New York Accident

Losing someone you love is never easy. It can be more challenging if that loss could have been avoided if someone had just exercised a little bit of caution. A New York personal injury lawyer from the Law Office of Cory Garcia, P.C. will help you seek financial justice from all responsible parties.

When you call our law firm for help, you can expect us to:

  • Fight off insurance companies who are trying to get you to settle the case for less than you and your family deserve
  • Work with experts to recreate the events of the accident and determine who bears responsibility
  • Help you through the process by answering questions and providing actionable legal advice
  • Negotiate aggressively in pursuit of a settlement that reflects the full value of your wrongful death case
  • Litigate your dispute in front of a jury, if necessary.

We want to be your trusted partner throughout this difficult process. Winning compensation in this case isn’t going to fix what has happened, but it will offer you and your family a brighter future and a reason to be hopeful for what is ahead. Reach out to our personal injury attorneys in New York to learn more. Your first consultation is free, and there’s no fee unless we win your case.

What is Wrongful Death?

Wrongful death refers to a death that is the result of a third party’s negligent, careless, or intentionally harmful conduct. In other words, a wrongful death is one that could have and should have been avoided.

At the Law Office of Cory Garcia, P.C., we represent clients in all wrongful death cases in New York, including those involving:

  • Car accidents
  • Truck accidents
  • Bicyclist accidents
  • Pedestrian accidents
  • Construction accidents
  • Workplace accidents
  • Slip and fall accidents
  • Dog bites
  • Defective products
  • Nursing home abuse and neglect
  • Medical negligence
  • And more

If you’ve lost a loved one in an accident that could have been avoided, you may have the right to recover compensation in a wrongful death action. Call our New York wrongful death attorneys to discuss your legal rights and options today.

What Compensation is Available in New York Wrongful Death Cases?

New York law states that family members can recover damages for “pecuniary losses” related to a family member’s avoidable death. In simpler terms, beneficiaries can recover damages for the financial losses and expenses related to wrongful death.

This can include money for:

  • Medical expenses incurred before death
  • Lost expected income and wages
  • Lost employment benefits
  • Loss of inheritance, and
  • Funeral and burial expenses.

Damages for pain and suffering experienced by the victim’s surviving family members are not available in New York wrongful death cases.

Is Compensation Available If the Victim is Blamed in a New York Wrongful Death Case?

One particularly ugly side of wrongful death cases is when the at-fault party attempts to defend against their liability by placing blame for the accident on the decedent. This can be particularly difficult on family members who are already in a fragile emotional state. 

If some of the blame for this accident is placed on your loved one, will you be prevented from collecting damages? No – not in the state of New York. The state has adopted pure comparative fault rules. 

This means that everyone who contributes to an accident shares responsibility for the consequences – including those who are injured or killed. Damages are simply reduced in direct proportion to the victim’s degree of blame.

Let’s say your family member is killed in a New York car accident. They’re allocated 50 percent of the blame because they were distracted and speeding at the time of the fatal crash. When you pursue compensation, you’ll be entitled to one-half of the total of your damages. Why? Your award is reduced by 50% – the degree to which your loved one contributed to the wreck.

Reach out to the Law Office of Cory Garcia, P.C. today and we will be happy to explain how comparative fault can influence your case. 

Who Can File a Wrongful Death Claim in New York State?

Not just anyone can file a wrongful death lawsuit after a fatal accident in New York. Instead, state law limits that authority to the victim’s personal representative. This is a person either (a) named in the decedent’s will or (b) appointed by the court.

The personal representative files the wrongful death action on behalf of the victim’s surviving family members.

Most often, family members who can benefit from damages in a wrongful death case include the:

  • Spouse
  • Children, and/or
  • Parents.

Our personal injury attorneys can help you navigate this often-confusing process. Give us a call for assistance as you navigate this challenging time in your life.

How Long After a Fatal Accident in  New York Do I Have to File a Wrongful Death  Lawsuit?

New York has a two-year statute of limitations on wrongful death lawsuits. This means that the personal representative must file a lawsuit within two years of the victim’s death. That may or may not be the date of the fatal accident. 

If more than three years go by after the event, it will no longer be possible to bring a suit on behalf of the individual who lost their life in this accident. 

Contact the Law Office of Cory Garcia, P.C. to get started right away and to be sure you have time to file a case before the three-year window has come and gone. We will be proud to speak with you about the details of the case and we’ll explain what we can do to seek appropriate damages. 

How Can I Prove Negligence in a New York Wrongful Death Case?

Negligence is the primary cause of action in most wrongful death cases in New York. 

In order to establish negligence, you’ll have to prove that:

  • The defendant owed your late family member a duty of care
  • The defendant breached that duty of care
  • Your family member suffered fatal injuries, and
  • The defendant’s conduct was the direct and proximate cause of your loved one’s untimely death.

In support of your negligence case, our attorneys will be thorough in gathering and analyzing evidence like:

  • Police and accident reports
  • Medical records
  • Eyewitness statements
  • Photographs and video footage of the fatal accident or scene
  • Accident reconstruction imaging

We’ll work hard to establish that your loved one’s death was avoidable – and gather the proof we need to win compensation on your behalf. 

Contact a New York Wrongful Death Lawyer Today

Has a family member recently died in an accident in New York? You may have the right to recover compensation for any suffering they experienced, as well as financial losses you’ll incur as a result of their untimely death. The Law Office of Cory Garcia, P.C. is here to help you pursue financial justice. Our New York wrongful death attorneys will fight tirelessly to secure maximum compensation from those responsible.

Call our law offices in New York City to get started with a free case evaluation today.