{"id":5598,"date":"2016-08-19T08:00:05","date_gmt":"2016-08-19T08:00:05","guid":{"rendered":"https:\/\/dev2.facadeinteractive.com\/srddlaw\/?p=5598"},"modified":"2021-08-16T14:21:17","modified_gmt":"2021-08-16T18:21:17","slug":"impaired-driving-can-lead-wrongful-death-murder-conviction","status":"publish","type":"post","link":"https:\/\/www.stengerglass.com\/impaired-driving-can-lead-wrongful-death-murder-conviction\/","title":{"rendered":"Impaired Driving Can Lead to Wrongful Death & a Murder Conviction"},"content":{"rendered":"

As recently reported<\/a> on July 20, 2016, a driver was found guilty of second-degree murder in connection with his June 2013 wild driving spree in the East Village area of Manhattan. The driver, who was high on methamphetamines and PCP at the time, had barreled down Second Avenue at more than 80 mph, according to some witnesses, before his vehicle jumped a curb and crashed into a local deli. His car also struck three persons, causing grave injuries to one of them. That innocent pedestrian languished for six months in the hospital before he died. The impaired driver walked away from the wreck virtually unscathed.<\/p>\n

<\/p>\n

Wrongful Death: The Law\u2019s Requirement That One Face the Financial Consequences for Irresponsible Acts<\/h2>\n

As with all other states, New York law provides for a special type of lawsuit when someone has died as a result of the negligence or recklessness<\/a> of another individual. Recognize that the situation need not<\/i> be as serious as June 2013 incident that led to the murder conviction. The civil action \u2013 for wrongful death \u2013 does, however, have several important principles that must be followed in order to collect from the person (and his or her insurance company) causing the death. Those principles include:<\/p>\n

Wrongful Death Action Must Be Filed by Personal Representative of Estate<\/h3>\n

Particularly when the deceased is a young person, with few, if any, financial assets, this important requirement can be overlooked. It isn\u2019t enough that a family member file the wrongful death action; the person filing the lawsuit must also have qualified as the personal representative in Surrogate\u2019s Court.<\/p>\n

Two Types of Damages Are Recoverable<\/h3>\n

Generally speaking, two types of damages may be recovered in a wrongful death action.<\/p>\n