SOUND COUNSEL. STRAIGHT TALK. SENSIBLE SOLUTIONS.
Albany Fatal Car Accident Lawyer
Every year, thousands of Americans die in motor vehicle accidents. Many of these deaths are traumatic and unexpected, leaving the community in shock. Worse, it can leave the family of the deceased not only with emotional trauma but with medical bills, burial expenses, and other financial hardships.
So when you’re grieving the loss of a family member after a fatal car accident, what should you do? What if the auto accident was due to someone else’s negligence? How do you pay the medical bills left behind by your loved one?
The first step in dealing with a car accident that resulted in a loved one’s death is to call an experienced personal injury lawyer in Albany, NY. The personal injury lawyers at Bailey, Johnson & Peck are here to help you seek compensation on behalf of all accident victims.
At Bailey, Johnson & Peck, P.C., we aim to help you navigate the emotionally turbulent time surrounding an auto accident. While we know financial compensation can’t bring back your loved one, we can help you seek damages and ensure that your family won’t endure financial struggles on top of grief and loss. To schedule a consultation with an auto accident lawyer, call 518-456-0082, or fill out our online intake form.
How Many Fatal Car Accidents Happen in the U.S. Every Year?
Over 46,000 people die in car accidents every year on U.S. roadways. This comes to 12.4 deaths for every 100,000 inhabitants, which is about 50% higher than similar countries like Canada, Australia, and countries in Western Europe. The U.S. suffers the most road crash deaths of any high-income country. Injuries sustained in these crashes cost the U.S. more than $380 million in medical costs. When a loved one experiences a fatal car accident, you are not alone.
Common Car Accident Injuries That Can Be Fatal
Even a minor car accident can cause injuries that will stay with you for years. A serious auto accident can, subsequently, cause quite serious injuries. Some of the more common car accident injuries that can be fatal include:
- Traumatic brain injuries
- Internal bleeding
- Broken ribs
- Spinal cord injuries
- Severe burns
While some fatal car accident injuries are instantaneous, some, like traumatic brain injuries or burns, may leave your loved one hospitalized for a while before they succumb to their injuries. Even just a short ambulance ride to the hospital can wrack up hefty medical bills and take an incredible emotional toll on the family.
You could be entitled to damages if your loved one suffered fatal injuries from a motor vehicle accident. Call an Albany car accident injury lawyer at Bailey, Johnson & Peck, P.C. to discuss your car accident case and find out what damages you could be entitled to.
Common Causes of Fatal Car Accidents
While it’s easy to blame someone for a car accident, sometimes the causes are out of the driver’s control. For example, the driver was driving a car that had been recalled due to a manufacturing defect. In some car accident wrongful death cases, multiple people could be held liable for damages.
Listed below are some of the negligent actions that can lead to car accidents:
- Drunk driving
- Distracted driving
- Car manufacturing error
- Driving in poor weather
- Driving while fatigued
- Poorly designed or maintained roadways
Can You File a Wrongful Death Lawsuit After a Fatal Car Accident?
If your loved one was killed due to someone else’s negligence, you could file a wrongful death claim and be entitled to damages. Filing a wrongful death claim may be the last thing on your mind while grieving the loss of a loved one, but it’s important to know your options. Funerals and other burial expenses take a financial toll on the family left behind. If you believe you have a wrongful death case, speak with an experienced car accident lawyer at Bailey, Johnson & Peck.
When filing a car accident claim, knowing who can file the lawsuit is important. Typically, immediate family members can file a wrongful death case. These family members can be the deceased’s spouse, parents, or children. However, in New York, the family member filing the claim must be designated as the representative for the deceased estate.
It’s essential to hire an experienced wrongful death attorney when pursuing a wrongful death claim, not only because they will handle the legal negotiations so you don’t have to, but also because they will handle insurance company negotiations on your behalf. After losing a loved one, it can be incredibly stressful dealing with your own insurance company as well as the driver’s insurance company. At Bailey, Johnson & Peck, P.C., a fatal car accident lawyer will support and represent you until you receive your final car accident settlement. You never want to handle car accident claims alone, especially when they result in wrongful death.
Damages for Fatal Car Accident
While nothing will bring your loved one back following a fatal car accident, recovering damages from a wrongful death claim can help make the grieving process less financially stressful. Loved ones that have filed a wrongful death claim may be entitled to the following damages:
- Funeral and burial expenses
- Lost wages
- Past and future medical bills
- Loss of companionship
- Loss of financial contributions
An Albany car accident attorney can help you recover a fair settlement and handle the entire legal process so that you can focus on grieving the loss of your loved one.
How an Albany Wrongful Death Lawyer Calculates Damages After a Fatal Car Accident
Before filing a wrongful death case, you’ll want to discuss the damages you could be entitled to with your car accident lawyer. It’s essential to keep all records and documents pertaining to the wrongful death claim like paycheck stubs, medical expenses, medical records, funeral bills, burial receipts, the police report, and pensions. Albany car accident lawyers will consider many factors while calculating damages from a wrongful death case. These include:
- The age of the victim,
- The victim’s earnings at the time of death,
- The victim’s projected earning capacity,
- The victim’s education and training,
- The circumstances under which the car accident happened,
- Whether or not the deceased had children,
- And the value of the victim’s lost benefits.
Statute of Limitations for Wrongful Death in New York
The statute of limitations on filing a wrongful death case in New York is two years. This means that you have two years from the date of your loved one’s death to file a civil lawsuit. The only family member that can file a wrongful death case is the one named the deceased’s estate representative. This family member is known as the “executor” and is typically defined in the deceased’s will.
Call an Albany Fatal Car Accident Lawyer at Bailey, Johnson & Peck Today
No one can prepare you for losing a loved one due to a fatal car accident. Once you’ve moved past the initial shock of the loss, it’s important to contact an experienced car accident attorney from Bailey, Johnson & Peck to discuss what compensation you might be entitled to through a personal injury claim. Each and every personal injury attorney at our firm has handled dozens of car accident cases for the citizens of Albany and the surrounding areas. Give our car accident attorneys a call at 518-456-0082, or fill out our online intake form to schedule a consultation.Practice Areas
Helping Injury Victims
Put Their Lives Back Together
Schedule a Consultation
Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
