Drug Related Wrongful Death Car Accidents
Nov 26, 2018
All accidents that result in a fatality will not necessarily establish grounds for a wrongful death claim. Wrongful death is a separate type of legal case that may or may not also include personal injury recovery for the estate of the victim. The New York wrongful death claim process designates the personal representative of the decedent as the individual with standing to file the suit, and legal action is taken on behalf of the surviving spouse and dependent children. Any financial recovery generated as damages in personal injury auto accident cases are considered property of the victims’ estates. Financial recovery paid as a result of a wrongful death claim is property of the immediate family. This legal action is typically represented by the same firm that is a car accident lawyer in Brooklyn as well as a New York wrongful death attorney.
Establishing Wrongful Death
Personal injury auto accidents are typically handled as standard compensatory damage cases. However, a wrongful death claim is actually a form of punitive damage recovery intended for the survivors of a fatal accident victim who died needlessly based on the behavior of the defendant. There must be extenuating circumstances as material facts in the case, such as the impairment level of the at-fault driver. Many times there will also be a criminal charge involved as well in New York state criminal court. Drug related wrongful death car accidents clearly fall into this category because an impaired driver who causes a deadly accident is negligent merely being on the highway. The question then becomes centered on gross negligence, which could result in a significantly higher damage award for the surviving family.
Contact a New York Wrongful Death Attorney
Wrongful death claims can be complicated legal actions that are strongly defended. And, they almost always result in a trial. This is why the attorney you choose can make all the difference. Contact the skilled wrongful death attorneys at Levitsky Law Firm today for your free consultation.