{"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 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 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 Generally speaking, two types of damages may be recovered in a wrongful death action.<\/p>\n The survivors and family members may not<\/i> recover for their own grief and suffering. Wrongful death actions must generally be filed within two years from the date of death. This time limit is a strict one; time works against, not in favor, of a claim.<\/p>\n Because so much is at stake in a typical wrongful death action, the insurance company of the party at fault will usually fight rigorously. The insurer may even string you along, hoping that the two-year statute of limitations will expire before the estate takes action. A successful wrongful death case usually requires representation by a law firm with substantial resources. Experts may need to be retained to prove the measure of damages. The law firm of Stenger, Diamond & Glass LLP<\/a> has the skill \u2013 and the compassion \u2013 to represent you diligently. When clients hire Stenger, Diamond & Glass, they hire an entire team, not just one attorney. We have versatile team of attorneys who work together to attack cases from every angle. We pool all of our resources to ensure our clients get their ideal outcome. Make the correct choice. Call us at (866) 290-6929 or complete our online form<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" As recently reported 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","protected":false},"author":23,"featured_media":5599,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"cybocfi_hide_featured_image":"","footnotes":""},"tags":[],"acf":[],"yoast_head":"\nWrongful Death: The Law\u2019s Requirement That One Face the Financial Consequences for Irresponsible Acts<\/h2>\n
Wrongful Death Action Must Be Filed by Personal Representative of Estate<\/h3>\n
Two Types of Damages Are Recoverable<\/h3>\n
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Other Important Matters<\/h3>\n
Knowledgeable & Caring Legal Counsel is Important to Wrongful Death Recovery<\/h2>\n