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How Lawyers Help After Fatal Car Accidents

Car Accident Lawyer

If you’ve lost a loved one in a fatal car accident, an experienced lawyer can help your family fight for the justice you and your family deserve. Your lawyer should welcome the opportunity to serve you during this difficult time and fight on your behalf to obtain the best possible results with compassion, integrity, and experience. 

What Causes Fatal Auto Crashes?

No matter how safe you are on the road, sometimes you are powerless against the negligent actions of other drivers. There are many possible causes of fatal car accidents including the following:

  • Speeding
  • Distracted driving
  • Following too closely 
  • Unsafe lane changes
  • Unsafe mergers
  • Road rage
  • Driving under the influence of drugs or alcohol
  • Falling asleep at the wheel
  • Running a red light or stop sign
  • A vehicle’s mechanical failures
  • Improper maintenance of a vehicle 

All of these can lead to fatal crashes that can devastate the family financially and psychologically. 

Who Can be Held Liable for a Fatal Car Crash?

An experienced car accident lawyer from Kantrowitz, Goldhamer & Graifman, P.C. explains that if your loved one was killed in a car accident caused by another person or entity, you might have grounds to file a wrongful death lawsuit to obtain financial compensation for the victim’s untimely death. You may be eligible to receive damages, including medical bills, lost wages, loss of earning capacity, funeral and burial costs, loss of companionship, and pain and suffering. 

The victim’s estate can pursue these damages from the person or entity who caused the accident. This will often be the other driver, but there may have been two or more drivers who are liable. In addition, other parties might also be negligent, such as the auto repair shop that worked on the vehicle, the manufacturer of a malfunctioning car part, or the city for failing to clear the snow and ice in a timely manner. An experienced attorney is best suited to identify all parties to name as defendants. 

What if the Victim was Partially Responsible for the Crash?

As noted above, more than one party can be responsible for an accident. It is also possible that the deceased victim was also partially liable for the crash. New York is a pure comparative negligence jurisdiction. It means that the victim’s estate can still recover financial compensation for the damages resulting from the fatal crash if the victim was less than 100 percent at-fault for the collision. 

The damages sustained by the victim’s loved ones will be reduced in proportion to the victim’s share of the fault. For example, if the deceased victim’s family suffered $800,000 worth of damages, and it was found that the victim was 25 percent responsible for the accident, then the family would receive $600,000. 

How Can A Car Accident Lawyer Help With Fatal Accidents?

If you lost a loved one in a fatal car accident, having an experienced legal team on your side to provide support and guidance is invaluable. They will possess the knowledge, experience, resources, and desire for justice to fight for the best possible results for their clients. 

Your lawyer should be able to demonstrate that they are capable of holding the following roles and responsibilities:

  • Thoroughly investigating and building a case
  • Identifying every possible defendant 
  • Gathering all necessary documents
  • Ensuring that all legal deadlines are met
  • Communicating directly with the insurance company
  • Negotiating settlement terms with the insurance company 
  • Representing our clients at trial 

Contact Us for a Free Case Evaluation

If you have lost a loved one in a fatal car accident contact an experienced law firm in your area that specializes in fatal accidents. Many firms offer a complimentary, no-obligation consultation, and will review your claim for potential damages. The firm you select should offer aggressive personal injury representation on a contingency basis – meaning they won’t receive attorney fees unless your claim is won or settled.