Last Updated on August 5, 2024

Can You Sue Someone for Killing a Family Member in a Car Accident?

In line with NY Law Chapter 17-B Article 5 Part 4, family members may pursue further legal action against individuals who have caused the death of a loved one. These families are entitled to legal compensation if they can prove that the defendant acted maliciously or negligently.

In a report from the U.S. Department of Transportation, an estimated 19,515 people died from motor vehicle accidents nationwide within the first half of 2023 alone. Despite recent figures showing an overall decline in fatal car crashes across the US, many families still grieve from such accidents. In New York alone, about 500 fatalities were caused by car accidents during the first half of 2023 – or about 2 to 3 deaths per day. Perhaps the most tragic among these fatalities are those caused by another driver’s negligence. 

As specified also in the provision cited above, families have up to 2 years following the death of their loved ones to file a claim against the negligent driver. While it is possible to still file a claim beyond this given timeframe, that process is generally more difficult. In any case, it’d be best to seek advice from car accident lawyers as soon as possible.

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Establishing a Family’s Claim for Wrongful Death

In New York, wrongful death is defined (as per NY Law Chapter 17-B Article 5 Part 4) as “a death caused by the wrongful act, neglect, or default of another party, where the deceased person could have maintained an action and recovered damages if death had not ensued.”

In order to strengthen and properly establish a claim, a legal team must first conduct a thorough investigation of a case. Within said investigation, your legal counsel would aim to identify and establish the following: 

- The defendant acted negligently,
- The negligence caused the deceased person's death,
- There is a surviving spouse, children, or other beneficiaries or dependents,
- The survivor(s) have suffered financial damage as a result.

Proving negligence can be difficult without solid evidence to support your claim. Some pieces of evidence that may prove crucial to your claim include: 

  1. Police reports
  2. Photographs
  3. Witness statements
  4. Witness testimony
  5. Medical bills and
  6. Medical records

Your lawyers would highly appreciate all evidence you send their way. A diligent documentation and retelling of the actual incident could actually make or break your case. Do note, however, that an official representation from licensed lawyers may be required before some of these evidence may be procured.

Statute of Limitations for Car Accident Deaths

Filling for wrongful death, as mentioned earlier, may be done effectively only within the first 2 years following the death of a loved one. Whereas personal injury claims following a car accident are provided a 3-year window (as provided by CPLR 214(4)).

While this disparity seems counter intuitive, there are a couple of good reasons for this urgency. First, wrongful death claims may involve the deceased's estate – making quick settlements ideal. Second, crucial evidence for wrongful motor vehicle deaths might degrade more quickly,

We understand that such incidents are highly sensitive and emotional to the families involved. Still, we urge that you seek legal guidance right away. Reach out to seasoned lawyers that would alleviate any legal woes while your family recuperates. Work with those who have a proven track record, who’ll work hard to secure the legal compensation you need and deserve.

Compensation in Wrongful Death Cases

New York operates under a comparative negligence system, where damages are awarded based on each party's share of fault. For example:

Driver A runs a red light while Driver B is speeding, resulting in a collision. The court determines Driver A is 70% at fault and Driver B is 30% at fault. If total damages are $100,000, Driver B can recover $70,000 from Driver A, as their award is reduced by their percentage of fault (30%). 

This demonstrates how New York's pure comparative negligence allows recovery even when partially at fault, with damages adjusted accordingly.

Wrongful death lawsuits can recover various damages to compensate family members for the loss of their loved ones. Possible damages, according to NY Insurance Law Section 5102, include:

  • Medical expenses (time of the accident and the death)
  • Psychiatric/Emotional rehabilitation
  • Lost wages (present and future)
  • Property damage
  • Pain and suffering of the families
  • Loss of consortium
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Speak to a Car Accident Attorney in New York Today

At The Porter Law Group, our experienced personal injury lawyers understand the complexities of these cases. We will thoroughly investigate the circumstances of the accident, gather evidence to build a strong case, and tenaciously advocate for your rights.

Get in touch with us at 833-PORTER9 or email us at info@porterlawteam.com to schedule your free case evaluation today. Let us put our knowledge, skills, and resources to work for you and fight for the compensation you need to move forward after a devastating accident.

Written By
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
Legally Reviewed on August 5, 2024
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Michael S. Porter on August 5, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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