What damages can a family member recover in a wrongful death case in New York?
It has been two months since 20 people were tragically killed in a limousine accident in New York. The accident occurred when a limo ran through a stop sign at the bottom of a hill and crashed into a ravine. All 18 people in the limo were killed, along with two pedestrians in the area. Investigations into the accident revealed that the operators of the limousine put a dangerous vehicle on the road. Now, at least one family has filed a wrongful death lawsuit against the negligent limo operator and more litigation is anticipated to follow. Our NYC car accident attorneys discuss this newly filed lawsuit and more about wrongful death lawsuits in the state below.
Family Alleges Gross Negligence on the Part of the Limo Operators
The parents of one of the limo victims have filed a wrongful death suit against the owners of Prestige Limousine services. The complaint seeks unspecified damages and alleges that the limo operators acted with gross negligence in allowing the limo involved in the crash to be on the roadway. According to the lawsuit, the limousine operators continued to use the limo after it failed inspections for brake and other issues. The vehicle was ruled unserviceable by New York transportation officials, but still, it continued to ferry passengers.
As the lawsuit highlights, investigations after the crash revealed alarming facts about Prestige Limousine. It was discovered that the company had at least 22 violations in the past two years. At least six violations were lodged specifically against the limo that was involved in the crash. New York transportation officials have now moved to shut down the limo service. Now, the case will need to work its way through the court system, where it is likely to be met by additional wrongful death lawsuits by the families of other victims.
Wrongful Death Lawsuits in New York
Per New York law, the personal representative of a deceased person’s estate can file a lawsuit against an individual or entity that caused the wrongful death of the decedent. The wrongful death claim must be filed by the personal representative, but can be for the benefit of the decedent’s heirs and beneficiaries. The lawsuit must be filed within two years of the date of the decedent’s death.
In New York, a wrongful death lawsuit can be filed seeking damages such as funeral and burial costs, lost wages of the decedent, lost support and services of the decedent, conscious pain and suffering, lost inheritance by surviving children, and more. Anyone who has lost their loved one due to the negligent actions of another should contact a personal injury attorney right away.