Middletown New York man is killed by a falling car

Mar 16, 2020 11:00 PM ET

All kinds of accidents can happen in unsuspected ways. However, one of the best ways to get help during this difficult time is to contact an attorney who files civil lawsuits. Bringing a case is one of the only proven methods to receive financial assistance with medical expenses and other issues related to the accident.


Middle aged man died while trapped underneath a car

A 42 year old man was killed in Middletown New York when a car fell on top of him. Emergency Medical Services received a call about a man that was trapped underneath a car on a Saturday night. Police also responded to the scene and released a statement afterward that confirmed the victim had died.

There was no further information regarding whether drunk driving or any criminal activity was a factor in the man’s death. His identity and further details about what he was doing immediately before the incident were not released either.


New York’s wrongful death statute

Deadly accidents will implicate the state’s wrongful death law. This is a civil statute which outlines what family members can take legal action on the deceased person’s behalf and the type of compensation they will receive. These civil cases can be brought whether or not the local government decides to bring criminal charges against the person responsible. 

New York has a unique law that only allows the representative of the dead person’s estate to bring the lawsuit. While the representative can be a family member, most other states allow spouses, children, or parents to bring the case even if they are not technically the representative of the estate. If the representative wins the case, the funds will be held in trust for the family members, and dispersed to them later in accordance with state law.

There is a two year statute of limitations to file the case anywhere in the state.


Determining the value of a case

The element of damages is generally the sum of a person’s medical costs, lost wages, repairs, and any other losses that were caused by the accident. There are also non-economic damages that can be related to mental and emotional suffering, which are much more intangible.

It is difficult to make estimates without legal advice from an attorney who has reviewed some information related to your case. Therefore it is always best to talk to a lawyer before trying to guess at what a lawsuit may be worth if a settlement or jury verdict is won.


Talk to a local accident attorney in Middletown

Lawyers who are licensed in New York can speak with you about your situation. Alex Smith, Esq. is available to help after any kind of accident in the area.

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