ABC News now reports that New York ranks 4th in pedestrian deaths, with 2,534 fatalities over an 8-year period.
If your loved one was a pedestrian struck by a truck or passenger vehicle, then you have grounds for a wrongful death case in New York. The thing you have to be ready for, however, is the realization that the case ahead will be anything but easy.
How Insurance Companies Treat Wrongful Death Cases
It’s tough but true: insurance companies will try to blame your deceased loved one for the accident.
This is because New York is a comparative negligence state. You can receive compensation even if your loved one was 99% responsible for the accident, but the settlement would be reduced by that 99%. It is in the insurance company’s best interests to try to claim your loved one violated the law, stepped off the curb, was impossible to see, or took some sort of reckless action.
Be prepared for this by steeling yourself emotionally, but trust your personal injury attorney to gather the evidence. We look to camera evidence, witness statements, police statements, and the testimony of expert witnesses to help tell your loved one’s story when they cannot speak for themselves.
Pedestrian Death Damages
If you are the spouse, parent, or child of the deceased you can receive compensation for:
- Funeral and burial costs
- The lost earnings of the deceased party
- Any medical bills incurred via the accident before the deceased died
- The deceased’s pain and suffering prior to death
- The loss of the deceased’s companionship and services
If the defendant was driving drunk or distracted you may be able to press for punitive damages, but these are rare and are only applicable when your case goes to jury trial. Most wrongful death cases are handled via settlement.
Get Help Fast to Win Wrongful Death Cases
Please do not wait to get help if your loved one is one of the thousands of pedestrians killed by drivers in New York. Waiting longer means evidence and witnesses disappear.
You only have two years from the date of the accident to seek justice.
Contact our office for a free consultation. We can help.