NYC Fatal Bicycle Accident Lawyer
People are killed every year in deadly bike accidents in New York City. The families of these deceased victims might be left with serious losses, from the medical expenses their loved one incurred to the lost wages the victim will no longer bring home. If you lost a loved one to a fatal bicycle accident in NYC, you should work with a lawyer to get the justice you deserve.
Wrongful death lawsuits can be used to hold the responsible drivers accountable for your loss. This can help you get the financial compensation you need to help your family continue on after their loss.
For help with your loved one’s deadly bicycle accident case, call the NYC fatal bicycle accident lawyers at The Carrion Law Firm. For a free case review, call (718) 841-0083.
Filing a Wrongful Death Lawsuit for a Bicycle Accident in NYC
Typically, auto insurance in NYC covers accidents on the road. New York uses no-fault insurance laws that require every driver to have insurance that will cover them in case of an accident, regardless of which driver caused the accident. When drivers hit bicycles or pedestrians who do not have insurance, the driver’s insurance can kick in to cover the damages. If you own a car and have car insurance, but you were hit while riding a bike, your car insurance might also cover your bike accident. However, in cases of deadly accidents, the rules are different, and the surviving family might have more options.
In many cases, you can file a lawsuit for the death of a loved one in a bicycle accident (or any deadly auto accident). Death or serious injury are exceptions to NYC’s no-fault insurance rules, and these rules never block bereaved family members from filing a lawsuit for a loved one’s death.
When you file a lawsuit, your NYC fatal bicycle accident lawyer will draft up a document known as a “complaint.” This document will detail who caused the accident, how the accident happened, and what damages you and your loved one faced. This will typically include things such as your loved one’s pain and suffering and the burial expenses your family paid.
Your NYC fatal bicycle accident lawyer can explain further details, but there is one important detail to know: this case technically needs to be filed by the deceased’s “personal representative.” This person is usually named in their will or appointed by the court.
How Wrongful Death Lawsuits Work for Deadly Bike Accidents in NYC
As mentioned, you can file a wrongful death lawsuit if a loved one was killed in a bicycle accident in NYC. However, things are often more complicated. It is important to understand precisely what claims you will file and what you have to prove to win your lawsuit.
Survival Actions
Technically speaking, there are two lawsuits that you will file for your loved one’s death. The first is a survival action, which is essentially the personal injury lawsuit your loved one would have been entitled to file if they had survived the crash. This can help your loved one’s estate file for the damages your loved one faced for medical care, pain and suffering, and other damages before they passed away.
Wrongful Death Actions
The second claim is a wrongful death claim. This is the claim where you and the rest of your family will seek damages for the harms you faced because of the death. This includes damages like ongoing lost wages because of the death, lost companionship, lost household services, and the reasonable cost of funeral and burial services.
Who Files these Lawsuits?
As mentioned, these lawsuits need to be filed by the deceased’s “personal representative.” A family member may be named the personal representative, so the person filing could be a spouse, sibling, or parent. Otherwise, family members cannot file these claims on their own and must work with the personal representative.
Who Gets to Claim Damages?
Any claim for wrongful death will ultimately be paid out to the surviving family or other particular parties.
Damages from the survival action will go into the deceased’s estate and be distributed under the terms of their will (or by statute if they died without a will). This money is usually passed to the spouse, children, or parents of the deceased. The deceased’s will might also give this money to another party, such as a trust designed to pay benefits to their family or even a charity.
The damages for wrongful death are paid separately, and they go directly to the family members who suffered these damages. This means that a spouse who paid for the funeral will get reimbursed for that cost as well as other damages they faced, such as lost spousal services, lost companionship, and lost support. The children who suffer lost parental support, lost advice and counsel, and lost inheritances will collect those damages themselves (usually paid to their parent if the children are minors).
One important thing to understand is that you cannot claim damages for your own pain and suffering in a wrongful death lawsuit. If your loved one suffered or was afraid before dying, you can claim damages on their behalf as part of the survival action. However, you cannot claim compensation for your own pain and suffering at the loss of a loved one. Still, there are other areas of damages your NYC fatal bicycle accident lawyers can help you claim compensation for.
Who Pays Damages?
If your loved one was killed by another driver, that driver will usually be ordered to pay damages. If they were working as a commercial driver (e.g., a truck driver or a taxi driver), it is possible their employer could be ordered to pay these damages instead. In any case, drivers are required to carry insurance, so the money will ultimately come from the insurance companies in many cases, making it more likely that there is enough money to pay for your damages.
Call Our NYC Fatal Bicycle Accident Attorneys
If a loved one was killed in a bicycle accident in NYC, call (718) 841-0083 for a free case evaluation with The Carrion Law Firm. Our NYC fatal bicycle accident lawyers are prepared to handle your claim.