Five people are dead after a car sped into oncoming traffic on the Long Island Expressway. Among the deceased were the driver who caused the crash, his 10-year-old son and a former aide to Governor Andrew Cuomo, who was about to be married.
The New York Post reports that the driver lost control of his vehicle and went spinning out of control straight over a guardrail and into the path of speeding traffic. The crash left a mess of debris across the highway.
According to statistics from the New York Department of Health, an average of 1,464 people die on the road in New York every year – and almost 150,000 are admitted to emergency rooms after suffering injuries in car accidents.
If someone you loved was killed by a drunk, distracted or otherwise negligent driver, contact a New York City personal-injury attorney from Antin, Ehrlich & Epstein, LLP. Our accident lawyers will evaluate your accident to determine if you have grounds for a wrongful death lawsuit.
Let’s take a look at the elements your attorney will need to prove in order for your wrongful death claim to be successful:
4 Key Elements to Prove in a Wrongful Death Lawsuit in New York
Losing a loved one before he or she had a chance to grow old is a tragedy that no family should have to bear. Although no amount of money could possibly heal the pain of such a loss, filing a wrongful death lawsuit could help you avoid debt due to medical bills, lost income, funeral and burial costs, and other expenses.
In order for your claim to be successful, your personal-injury attorney will have to prove:
- The death was caused by the defendant’s malicious, intentional or negligent conduct;
- The deceased would have been entitled to pursue court action if he or she had not been killed;
- The surviving family has suffered pain of loss arising from the death;
- And damages will assist in compensating the family for their loss.
The family of the deceased may be entitled to economic and non-economic damages such as:
- Medical expenses incurred by the deceased between the injury and death;
- Lost wages or benefits;
- Funeral and burial expenses;
- Loss of companionship;
- Pain and suffering endured by the deceased prior to death;
- And punitive damages, if the negligent party acted maliciously or with gross negligence.
Did you lose a family member due to another person’s negligence? Contact a personal-injury attorney from Antin, Ehrlich & Epstein, LLP to discuss your case.
Our accident lawyers have recovered tens of millions of dollars for our clients. If your case goes to trial, we have the litigation experience to represent your interests in court. Call 917-730-7151 to schedule a free initial consultation.