Can You Seek a Wrongful Death Settlement After a Car Accident?

Tedd Kessler • September 30, 2023

Losing a loved one in a car accident is a tragic experience that no one should have to go through. Unfortunately, car accidents are a common occurrence in New York City, and they can result in life-altering injuries or even death. If you’ve lost a family member in a car accident due to someone else’s negligence, you may be eligible for compensation. In this blog post, we’ll explore whether you can seek a wrongful death settlement after a car accident in New York, how to qualify for compensation, how much you can receive, the time limitations to seek a settlement, and how an attorney can help you.


To begin with, a wrongful death occurs when someone dies due to another person's negligence or misconduct. In New York, if the death was caused by a car accident, the surviving family members may be entitled to compensation for their loss. However, to seek a wrongful death settlement, certain qualifications must be met. For instance, the person seeking to receive compensation must be a surviving family member of the deceased, such as the spouse, children, or parents of the deceased. Additionally, the family must prove that the death was caused by the negligence or misconduct of the other driver.


Moving on, the amount of compensation a family can receive for a wrongful death settlement varies depending on the circumstances surrounding the accident. Family members can receive economic damages for expenses related to the accident, such as medical bills, funeral costs, and lost wages. They can also receive non-economic damages, such as compensation for emotional pain and suffering. The amount of compensation could range from a few thousand dollars to several million dollars, depending on the severity of the accident.


Moreover, if you’re seeking a wrongful death settlement in New York, you should be aware of the time limitations involved. In the state of New York, the statute of limitations for wrongful death cases is two years from the date of the accident. If you wait too long to file a claim, you risk losing the right to seek compensation. It’s therefore crucial to speak to an attorney as soon as possible after the accident to start the process of seeking a wrongful death settlement.


Lastly, hiring an attorney is essential when seeking a wrongful death settlement. An attorney can help guide you through the process of filing a claim and increase your chances of receiving the compensation you deserve. They can also explore all options available, such as the possibility of reaching a settlement out of court or going to trial.


Losing a loved one in a car accident is a devastating experience. However, if the accident was caused by someone else's negligence, you may be eligible for compensation. If you’re considering seeking a wrongful death settlement after losing a family member in a car accident in New York, it’s essential to speak to an experienced attorney. They can guide you through the process of seeking compensation and help ensure that you receive the compensation you deserve. Remember that time is of the essence, so don't wait too long to contact an attorney.

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