West Chester Fatal Car Accidents Lawyer

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Should I Get A personal injury Lawyer in a fatal car accident

Car accidents can have devastating consequences, and in some cases they result in fatalities. As an experienced car accident lawyer specializing in fatal accidents in New York, Gabriel Legal Injury Lawyers understands the profound impact these tragedies have on the families left behind. 

We are here to support you during this difficult time and fight for fair compensation on your behalf. Contact us now at (212)463-8888 for a free case review.

While no amount of money can ever truly compensate for the loss of a loved one, it is important to seek a fair settlement from the insurance company of the at-fault driver. Our team will work diligently to pursue reimbursement for various expenses incurred as a result of a fatal accident, including:

Medical bills: Any medical expenses incurred immediately after the accident.

Funeral expenses: Costs associated with preparing the body for burial and conducting funeral services.

Lost wages: An estimation of the wages your loved one would have earned over their remaining lifespan had the tragedy not occurred. 

Pain and suffering: Compensation for any physical suffering your loved one experienced following the crash.

Loss of care and companionship: Damages awarded for the loss of companionship and support from your loved one.

If filing a lawsuit becomes necessary to recover these expenses, our New York City accident attorneys will initiate a wrongful death lawsuit on your behalf. We can determine if you are eligible to file a lawsuit for this type of claim. If so, a wrongful death lawsuit can be pursued.

At Gabriel Legal Injury Lawyers, we are dedicated to providing compassionate legal representation and to pursue justice for families affected by fatal car accidents. Reach out to us today to discuss your case and explore your legal options.

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Benefits of Seeking a Settlement with a Car Accident Lawyer

While grieving the loss of a loved one, it is difficult to contemplate pursuing legal action against the wrongdoer. However, it is essential to consider the long-term financial implications and the support your loved one would have wanted for you and your family. Seeking a fair settlement can alleviate financial hardships and secure your future. With the assistance of a trusted New York car accident lawyer experienced in fatal accidents, such as Gabriel Legal Injury Lawyers, you can rely on our team to provide you with the opportunity to focus on your family and the grieving process.

Call us today at (212)463-8888 for a free case review, and we will start working on your behalf as soon as you engage our services.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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Proving Negligence in a Wrongful Death Lawsuit

To obtain a fair settlement in a wrongful death lawsuit, you and your New York accident attorney must establish that the actions of the other party was the cause of the tragic loss of your loved one. 

Demonstrating the other driver’s negligence significantly increases the chances of securing a favorable settlement. Several key elements must be proven in a wrongful death lawsuit:

  • Duty of care: It must be shown that the other party had a legal obligation to exercise reasonable care, such as avoiding a collision. 
  • Breach of duty: It must be demonstrated that the other party failed to fulfill their duty of care, which can be evidenced by the issuance of a traffic ticket by the police.
  • Causation: It must be established that the other party’s actions directly led to the death of your loved one, with no alternative explanations for the tragedy.

Once you engage our legal services for the lawsuit, our team will diligently investigate the case, ensuring the evidence is brought to light in order to hold the responsible party accountable for their actions.

Parties Eligible to File a Wrongful Death Claim After a Fatal Car Accident
In accordance with New York Estates, Powers and Trusts Law (EPTL), certain individuals have the right to file a wrongful death claim on behalf of the deceased. These parties include:
  • Surviving spouse.
  • Children of the decedent.
  • Parents of the decedent.
If there are no eligible relatives or if they are deceased, the administrator of the decedent’s estate can initiate the wrongful death lawsuit on behalf of the next of kin. In cases where the surviving children are minors, the estate’s administrator may need to file the lawsuit on their behalf.
 

We Operate on a Contingency Fee Basis

When contemplating a wrongful death lawsuit following a tragic accident involving your loved one, it’s important to know that Gabriel Legal Injury Lawyers operates on a contingency fee basis. This means that you are not required to pay any upfront fees for our services. Our fees are contingent upon the final settlement in the case.

As a reputable fatal car accident lawyer in New York, we are committed to tirelessly advocating for your rights. We will thoroughly investigate the facts surrounding the accident and accurately determine liability for the incident that resulted in the loss of your loved one. Our team will carefully review police reports, conduct witness interviews and strive to secure a fair settlement for your loved one.

It’s important to note that there is a limited  timeframe of two years to initiate a wrongful death lawsuit as outlined by CPLR § 214. Our experienced team will ensure that your case remains on track and adheres to all necessary deadlines.

 

Frequently Asked Questions

How do you investigate a car accident claim?

As dedicated car accident lawyers, our primary goal is to construct a solid and resilient case on your behalf. During your consultation, we meticulously gather all the necessary information related to your incident and accident. 

Granted, severe injuries can make it challenging for victims to obtain information, but rest assured, our skilled investigators conduct thorough research to uncover crucial details you may have overlooked or forgotten. 

Additionally, we carefully review your police report and reach out to all individuals involved in the accident. Given the complexity of these cases, we highly recommend contacting our offices as soon as possible to initiate your claim promptly, thereby strengthening its foundation.

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Understanding the Statute of Limitations in Car Accident Cases

It is crucial for all car accident victims to be aware of the statute of limitations that applies to their case. This legal time limit determines the window within which accident victims can file a lawsuit. In New York State, personal injury lawsuits generally have a three-year statute of limitations, as stated in CPLR § 214.

However, it’s important to note that certain circumstances can diminish this deadline. If the specified time limit expires in your case, you may lose the opportunity to seek compensation through a lawsuit. 

To determine the specific time limits that apply to your situation, don’t hesitate to contact Gabriel Legal Injury Lawyers today.

 
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Determining Liability in an West Chester Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in West Chester

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

West Chester Fatal Car Accidents Lawyer

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

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