3 FAQs About Motorcycle Accident Wrongful Death Claims
Losing a loved one in a motorcycle accident is one of the most traumatic events a person can experience. Coping with the death of a family member is never easy, but the burden is especially difficult to bear when you don’t get the chance to say goodbye.
Beyond the depression that accompanies such a loss, you may also be facing financial turmoil, especially if your family relied on the deceased for income. Medical bills, funeral costs, and other expenses can add up quickly, but if another person was responsible for the death, you may be entitled to compensation to cover these losses.
To find out if you have grounds for a wrongful death claim, contact LoTempio P.C. Law Group. Our compassionate personal injury attorneys have decades of combined experience negotiating with insurance companies and helping clients regain their financial security. Call 716-855-3761 to schedule a free case evaluation with a motorcycle accident lawyer in New York.
Read on to learn the answers to three frequently asked questions about motorcycle accident wrongful death claims:
1. Am I Eligible to File a Wrongful Death Claim in New York?
In some states, certain relatives of the deceased may bring a suit against those liable for the death; however, New York allows only the personal representative of the estate to file the wrongful death claim. Any resulting compensation is then distributed to eligible family members, which might include the deceased’s surviving spouse, children, and/or parents.
2. How Long Does the Personal Representative Have to File the Claim?
There is always a lot to do after a death in the family; however, if you think your family has grounds for a tort claim, it is wise to seek legal counsel as soon as possible. In the state of New York, the personal representative typically has just two years from the date of death to file a wrongful death lawsuit.
There are exceptions to this statute that may shorten the deadline. If you want to bring a suit against a government entity, for example, you may have just 90 days to file a Notice of Claim.
3. Can Punitive Damages Be Awarded in New York Wrongful Death Claims?
It is not uncommon for drivers who strike motorcyclists to flee the scene. If your loved one was killed by a hit-and-run motorist, it may be possible to recover a punitive award in addition to any compensatory damages. In New York, wrongful death claimants can seek punitive damages if the defendant’s actions were willfully negligent or exhibited a conscious disregard for the rights, safety, or health of others.
Call 716-855-3761 to Speak with a Motorcycle Accident Attorney in New York
If your loved one died in a motorcycle accident, turn to LoTempio P.C. Law Group to determine how best to proceed. We are dedicated to getting our clients the results they deserve as quickly as possible. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a strategic personal injury lawyer in New York.