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Can I Sue After Losing a Loved One in a Pedestrian Accident?

Posted on in Personal Injury

Metro New York personal injury attorney wrongful death

Car accidents involving pedestrians are often fatal. In 2018 alone, over 6,000 individuals lost their lives in pedestrian accidents. Many of these accidents were caused by drivers who were distracted by technology, driving under the influence (DUI) of alcohol or drugs, speeding, or otherwise acted recklessly or negligently. If your loved one passed away after being struck by a vehicle in New York, you may have a valid wrongful death case.

New York Laws Regarding Wrongful Death Claims

You may assume that any tragic death is considered a “wrongful death.” However, New York law specifies the requirements that must be met in order for a successful wrongful death lawsuit to be possible. These requirements include:

  • The deceased person was killed by the wrongful or negligent conduct of another party.

  • Had the deceased person lived, the wrongful or negligent actions would have justified a personal injury lawsuit.

  • The surviving loved ones or heirs suffered damages due to the death.

A wrongful death claim may be filed by the decedent’s spouse, adult children, parents, or a personal representative of the deceased person’s estate.

Damages in a Fatal Pedestrian Accident

Losing a loved one in any type of accident is heartbreaking, but losing a loved one in a preventable accident is especially gut-wrenching. If your loved one’s death was caused by another party’s unlawful or negligent actions, a wrongful death claim may allow you to hold that party responsible for the death. Wrongful death claims are often brought in addition to any criminal charges the defendant is facing; however, wrongful death may also be brought in the absence of criminal charges.

Money could never fully compensate someone for the loss of a son, daughter, parent, or spouse, but it can lessen the financial strain experienced by the surviving loved ones. Your loved one’s death may have incurred significant medical bills, funeral expenses, and other costs. Through a wrongful death claim, you may be entitled to compensation for:

  • Your loved one’s income

  • The household services your loved one used to perform

  • Medical expenses resulting from the deceased person’s injuries

  • Funeral and burial costs

  • Lost inheritance

  • The deceased person’s pain and suffering

  • The loss of the deceased person’s care, guidance, nurturing, or companionship

Contact a New York Wrongful Death Lawyer

If your loved one passed away in a pedestrian accident, you may be entitled to compensation if a negligent party was at fault. Contact a Metro New York personal injury attorney from the accomplished law firm of Ivey, Barnum & O’Mara, LLC. Call our office today at 203-661-6000 to schedule your free, confidential consultation today.

 

Source:

https://www.nhtsa.gov/road-safety/pedestrian-safety

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