Drug Related Wrongful Death Car Accidents

Not every accident resulting in a fatality will establish grounds for a wrongful death claim. Wrongful death is a separate type of legal case that may or may not also involve personal injury recovery for the victim’s estate. Under New York law, the decedent’s personal representative generally has standing to file a wrongful death action on behalf of eligible surviving family members. Any financial recovery from a personal injury claim is generally considered part of the victim’s estate, while damages awarded in a wrongful death claim are distributed to eligible beneficiaries. A New York City car accident lawyer or wrongful death attorney can help families understand their legal options.

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.