Under New York law, only the personal representative of the deceased’s estate can file a wrongful death suit. This is typically the person named in the decedent’s will. If no will exists, the court appoints a representative. That representative files on behalf of all eligible beneficiaries. Once compensation is recovered, it is distributed to beneficiaries according to New York’s intestacy statutes, which prioritize surviving spouses, children, parents and siblings. A wrongful death lawyer in NYC can help you identify the correct representative and begin the legal process.
Wrongful Death Lawyer in NYC
Losing a loved one is devastating under any circumstances. When that loss is the result of someone else's negligence, reckless behavior, or wrongful conduct, the pain is compounded by a sense of injustice that no family should have to carry alone. Our New York City wrongful death lawyers are here to stand with grieving families through one of the most difficult times of their lives, helping them understand their rights and pursue compensation for everything they've lost.
We offer a free consultation and handle every case on a contingency fee basis. You pay nothing unless we recover for you. As a law firm built on compassion and a commitment to justice, we know what it takes to fight for grieving families and secure the financial recovery they deserve.
Common Injuries in Truck Accidents
Given the size and weight of commercial trucks compared to passenger vehicles, serious injuries are common when a collision occurs. Injury victims we represent have suffered:
- Catastrophic injuries including traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones and lacerations
- Burns and internal organ damage
- Severe injuries requiring long-term rehabilitation
- Physical injuries causing permanent disability
- Wrongful death
Some of these injuries heal with time. Others create lifelong conditions that affect your ability to work, support your family, and enjoy the life you built. If injuries from a truck accident are impacting your daily life, you may be entitled to significant compensation.
What You Can Recover
A successful truck accident lawsuit can help you pursue compensation for both the immediate and long-term impact of your injuries. That may include:
- Medical bills and future medical costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and loss of enjoyment of life
- Property damage
- Wrongful death damages if a family member was killed in the accident
If the accident resulted in a fatality, surviving family members may have the right to pursue a separate claim. Our New York wrongful death lawyers handle these cases with the same commitment to fair compensation.
Our legal team gathers police reports, driver logs, medical records, surveillance footage, and other critical evidence to build the strongest possible case. We know the insurance company will work to minimize what they pay. We work to make sure that doesn't happen.
Who Can Be Held Liable in a NYC Truck Accident?
Truck accident cases often involve more than one liable party. Depending on the circumstances of the truck crash, responsible parties could include:
- The truck driver: A negligent truck driver who was speeding, experiencing driver fatigue, or distracted driving can be held personally liable.
- The trucking company: Negligent trucking companies that failed to maintain their fleet, violated trucking regulations, forced drivers to exceed hours-of-service limits, or engaged in negligent hiring can share liability.
- The manufacturer: If a defect in the commercial truck or its components contributed to the accident, the manufacturer may be held accountable.
- Cargo loaders: When improperly loaded cargo causes a truck crash, the party responsible for loading may also share liability.
Our New York City truck accident attorneys investigate every angle to identify all responsible parties and build the strongest possible truck accident claim.
How New York Law Affects Your Truck Accident Case
New York is a no-fault state, meaning truck accident victims must first file a claim through their own personal injury protection (PIP) coverage. However, when serious injuries exceed PIP limits, you have the right to file a personal injury lawsuit against the responsible parties.
New York also follows pure comparative negligence rules, meaning your maximum compensation is reduced by your percentage of fault. If you are found 20% at fault on a $100,000 claim, you would receive $80,000. Our truck accident attorneys work to ensure fault is assigned accurately so your recovery reflects what truly happened.
Commercial vehicles operating in New York are subject to both New York trucking regulations and federal and state regulations governing hours of service, vehicle maintenance, and cargo loading. When violations of these regulations contribute to a truck crash, they become critical evidence in your truck accident case. Our legal team knows how to obtain driver logs, inspection records, and other documentation that establishes negligence.
When government entities such as city agencies operating sanitation trucks or tow trucks are involved, strict notice requirements apply. Claims must be filed within 90 days of the accident date. Connecting with a truck accident lawyer in NYC as early as possible is critical.
Why Families Choose Ward Law
We handle every NYC truck accident case on a contingency fee basis, so there is no financial risk to seeking help. We offer a free consultation in both English and Spanish, and our NYC truck accident attorneys are available around the clock.
Ward Law has recovered nearly $1 billion in compensation for injury victims across New York City and beyond. We've built our firm on the belief that justice belongs to everyone, and we bring that commitment to every truck accident case we handle.
Contact a New York City Truck Accident Lawyer Today
You shouldn't have to face truck accident litigation alone. Whether you need to file a truck accident claim, establish negligence against a trucking company or manufacturer, or simply want to understand your options, Ward Law is ready to help.
Our New York personal injury attorneys serve truck accident victims across the five boroughs with compassion, experience, and a commitment to maximum compensation. Every consultation is free and you won't pay anything unless we win your case.
Call 855-DOLOR-55 or schedule your consultation online today. We're here for you.
New York City Wrongful Death FAQs
-
-
In most New York wrongful death cases, the personal representative has two years from the date of the person’s death to file a wrongful death action. If criminal charges are pending against the liable party, this deadline may be extended. When New York City Department agencies or government entities are involved, a notice of claim must be filed within 90 days. Contact a New York City wrongful death lawyer as soon as possible to protect your family’s rights.
-
Grieving families may be entitled to recover damages including medical expenses, funeral costs, lost income, loss of future earnings, loss of parental guidance, and conscious pain and suffering through a survival action. In cases where the liable parties acted intentionally or maliciously, punitive damages may also be available. The best way to understand what your New York wrongful death case may be worth is to speak with an experienced wrongful death attorney during a free consultation.
-
A personal injury lawsuit is filed by an injured person seeking compensation for their own losses. A wrongful death suit is filed by the personal representative of the deceased’s estate when someone else’s negligence or wrongful conduct causes a fatal injury. The two claims serve different purposes, though in some cases a survival action may be filed alongside a wrongful death action to recover damages for the conscious pain and suffering the decedent experienced before death.
-
Ward Law handles every New York City wrongful death case on a contingency fee basis, meaning families we represent pay nothing unless we recover compensation on their behalf. Our skilled attorneys investigate the circumstances of the victim’s death, identify all liable parties, gather evidence, and fight for maximum compensation through negotiation or litigation. We serve families across New York City in both English and Spanish and are available 24 hours a day, 7 days a week.
Start Your Free Case Review Today
It only takes a few minutes to find out if you have a case. No fees unless we win.
