We Represent Grieving Families in New York in Fatal Car Accident Claims

At Poltielov Law Firm P.C., our New York fatal car accident attorney is a compassionate, experienced advocate for grieving families. With the knowledge and legal expertise to handle wrongful death claims in New York, we hold negligent drivers and large insurance companies accountable. If your family member was killed in a motor vehicle collision, please do not hesitate to contact us today at our Forest Hills law office for a free consultation with a top-rated Queens fatal crash lawyer. 

Car Crashes are a Leading Cause of Accidental Deaths

Car crashes remain one of the leading causes of accidental deaths in the United States each year. Thousands of motorists, passengers, and pedestrians lose their lives due to speeding, distraction, impairment, or reckless driving. New York is no exception. According to data from the New York State Department of Health, there are an average of 1,098  motor vehicle accident deaths statewide each year. Notably, most deadly crashes could have been prevented with proper safety precautions. 

An Overview of Wrongful Death Laws for Fatal Auto Accidents in New York

Did you lose a close loved one to a motor vehicle wreck? It is one of the worst tragedies that any family can ever be forced to endure. Although nothing will ever truly be enough to fix it, there are legal options available. If the fatal car accident was caused by someone else’s negligence, surviving family members have the right to pursue a wrongful death claim. In New York, these cases are governed primarily by New York Estates, Powers and Trusts Law (EPTL) §5-4.1. The statute allows certain close relatives of the victim to seek damages through the estate’s personal representative. To be clear, a wrongful death claim is separate from any criminal prosecution that the responsible party might face. It is a civil claim focused on compensating the family. Here are some key things to know about the wrongful death laws for fatal accidents in New York: 

  • Eligibility: To bring a wrongful death action, the decedent’s personal representative must file the claim on behalf of eligible family members. Those family members are typically surviving spouses, children, or parents. Sadly, not everyone who was close to the victim has rights under New York’s wrongful death law. 
  • Liability: Wrongful death liability is based on fault. To bring a successful claim, the estate must prove that the defendant’s negligent or reckless actions caused the death. As an example, an intoxicated driver who strikes a pedestrian can be held liable for negligence. 
  • Damages: Recoverable damages in New York are primarily economic, meaning compensation for the financial impact of the death. Among other losses, this includes medical expenses incurred before death, funeral and burial costs, lost wages and benefits the deceased would have provided, and the loss of parental guidance or support to dependents. Emotional pain and suffering of the surviving family are generally not recoverable under New York’s wrongful death laws. 
  • Deadline: The statute of limitations for wrongful death claims in New York is two years from the date of death, under EPTL § 5-4.1. Timely action is essential to preserve the claim. You do not want to miss out on the chance to seek justice, accountability, and financial support for your family. Speak to a Queens fatal car accident attorney as soon as possible. 

How Our New York Fatal Crash Attorney Can Help

The loss of a loved one to a fatal motor vehicle crash is a terrible, gut-wrenching tragedy. As a compassionate and experienced wrongful death lawyer in New York, our founder and managing attorney R. Ariel Poltielov puts grieving families first. With a proven history of case results, families count on us for justice when it matters most. When you contact us at our Forest Hills law office, you will connect directly with a New York car accident wrongful death lawyer who can: 

  • Listen to your story and answer questions about your fatal car crash claim;
  • Investigate your loved one’s deadly crash, with a focus on gathering evidence; 
  • Handle legal paperwork and insurance settlement negotiations; and
  • Take your case as far as is required to get your family justice.  

Contact Our Queens Fatal Car Accident Lawyer Today

At Poltielov Law Firm P.C., our Queens fatal car accident attorney has the knowledge and experience to take on wrongful death cases. If your close loved one was killed in a bad crash, we are here to help. Call us now or contact us online for your free, completely confidential consultation. From our Forest Hills law office, we handle fatal accident claims in Queens, New York City, and throughout the wider region. 

Fatal Car Accidents in Queens: Frequently Asked Questions (FAQs)

Who Can File a Wrongful Death Claim After a Fatal Car Accident in New York?

Only the personal representative of the deceased person’s estate can file the wrongful death claim under New York law. However, the claim is filed for the benefit of surviving family members, such as a spouse, children, or parents. These beneficiaries are the one who will get any financial recovery secured through the lawsuit. The personal representative is effectively the voice of the family.

What if the At-Fault Driver Faces Criminal Charges?

That could happen, especially if he or she was intoxicated. However, your civil wrongful death claim is legally separate from any criminal case. Criminal charges focus on punishment. A civil claim seeks compensation for the family’s financial losses. An arrest could be evidence that helps to prove liability in your wrongful death case, but it is not required for your claim to proceed. 

What is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim compensates surviving family members for the financial losses caused by the death, such as lost income and funeral costs. A survival action, which can be brought under New York EPTL § 11-3.2 instead belongs to the decedent’s estate. It seeks damages the victim could have claimed had they survived, including pain and suffering before death. The two claims are often filed together. Further, any recovery from either claim is distributed according to the decedent’s estate plan or New York’s intestacy rules.