Wrongful death cases are often devastating, causing families tremendous pain and emotional distress. Knowing that the loss of a loved one could have been prevented can be hard to deal with. While obtaining compensation can never replace what was lost, it can help to prevent any financial ramifications and ensure that the family is able to adjust.
However, in order to obtain a fair settlement, claimants must be able to prove that the defendant is indeed responsible for the death of the victim, which is often much harder than it sounds. This article will explore the methods used to prove wrongful death in New York. The Law Office of Carl Maltese can also advise on how to prove fault for a dog bite in NY.
Understanding Wrongful Death
A "wrongful death" occurs when a person dies as a direct result of a person or organization's negligence, recklessness, or intentional actions. In a wrongful death case, the victim's surviving family members are given the legal right to seek recompense from the party or parties at fault. They may claim damages such as medical expenses, lost remuneration, funeral costs, and more.
New York's wrongful death law details the conditions under which a wrongful death claim can be filed.
It's important to remember that a wrongful death case is considered a civil lawsuit and not a criminal case. This means that it is not intended to punish the at-fault party for their crime but rather to compensate the victim's family members for the financial losses they suffered because of their loved one's death. For more information, wrongful death attorneys in Long Island may be able to help.
Common Situations Where Wrongful Death Occurs
The truth is that a person can die because of the actions of another in many different scenarios. Here is an overview of some of the most common:
Medical malpractice. When a doctor, nurse, or other medical professional is negligent, causing a patient to die, they may face legal action. Surgical errors, misdiagnosis, and erroneous medication are just some examples of acts that could land healthcare staff in hot water.
Motor vehicle accidents. A bus, truck, motorcycle, or car accident caused by someone's negligent behavior could also be grounds for a wrongful death lawsuit. Reckless acts often include speeding, failing to follow the rules of the road, or driving under the influence of drugs or alcohol.
Workplace accidents. Many working environments are dangerous places where anything can go wrong. If an employer fails to maintain safe conditions or a co-worker is reckless, and an accident occurs, the negligent party may be liable for the resultant damages.
Product liability cases. Sometimes, defective car parts, heavy machinery, or unsafe pharmaceuticals can cause a person to die. In these cases, the manufacturer or supplier can be at fault.
Understanding the Key Elements of a Wrongful Death Claim
Proving liability involves demonstrating four key elements:
1. Duty of Care
The first thing that the plaintiff needs to prove is that the at-fault party owed them a duty of care. This means that they had a responsibility to provide reasonable care. In car accident cases, for example, motorists are required to follow the rules of the road and ensure that their actions do not cause harm to other parties.
2. Breach of Duty
Once the claimant has successfully proved that the defendant owed the deceased a duty of care, they must then demonstrate the fact that this person or entity failed to provide this duty of care.
In order to do this, the plaintiff and their New York wrongful death lawyer will have to gather evidence, such as witness testimonies, surveillance footage, photographs, expert testimonies, and more.
3. Causation
The next step is linking the defendant's breach of duty to the accident. This is because a claimant may not receive compensation for their loved one's passing if they die because of pre-existing conditions. A direct link between the accident or incident and the person's passing must be drawn.
In order to do this, medical records or testimonies from the attending doctor can be used. It's important to note here that causation is undoubtedly one of the hardest elements to prove.
Insurance adjusters and opposing parties will do all they can to prove that the accident did not cause the victim's death to avoid having to pay a large settlement. However, the good news is that an experienced wrongful death lawyer will be familiar with these tactics and will take the necessary steps to secure a favorable outcome.
4. Damages
The final element involves proving that the accident and the decedent's death resulted in economic or non-economic damages. This would typically involve presenting evidence of a lack of financial support that occurred because of the death of the victim. Proof of funeral costs will also be required to claim the maximum compensation in a wrongful death case.
Who Can File a Wrongful Death Lawsuit?
Only a close family member or personal representative of the decedent's estate is allowed to bring wrongful death claims in New York. This includes:
A surviving spouse,
Child, or
Parents of the deceased.
To learn more about who will have the right to file a lawsuit in cases where the family members mentioned above are no longer around, relatives can talk to an experienced wrongful death lawyer.
The Role Attorneys Play in Wrongful Death Lawsuits
Proving liability in a wrongful death claim can be incredibly challenging. Insurance adjusters and opposing parties are often ruthless and will do all they can to keep from being held financially liable for the damages suffered because of a wrongful death.
The truth is that wrongful death lawyers play a critical role in ensuring a favorable outcome. They can also help with how to prove fault for a work injury in NY.
Guidance Through the Legal Process
Navigating the laws and regulations that govern wrongful death can be challenging without the relevant expertise or experience. Attorneys help by providing keen insights into the relevant laws. They will offer reliable tips and suggestions that can truly be pivotal in the claims process.
Lawyers also help to evaluate the case to determine whether there are grounds for a lawsuit.
Determining Who Is Liable
The first step in proving wrongful death is determining who can be held responsible. Legal representatives conduct investigations into the incident to identify how it happened and what or who caused it. They will gather evidence by talking to key witnesses, experts, attending doctors, and more and obtain surveillance footage and other types of proof.
Attorneys also often hire expert witnesses to help determine who is to blame for a person's wrongful death. This can provide new insight into the accident and help to counter any erroneous claims from the opposing party.
Filing the Lawsuit
Lawyers also take care of the paperwork, preparing a complaint and filing it with the court. This can take a lot of the stress off the shoulders of grieving family members and ensure that there are no errors that could cause delays in payouts.
Negotiating with Insurance Companies
A wrongful death lawyer can also negotiate with the relevant insurance company to ensure a favorable outcome. They will protect the rights of their client to ensure that they are not coerced into accepting a ridiculously low settlement offer.
Representation in Court
If the case cannot be handled amicably through settlement negotiations, the attorney will represent the plaintiff in court, presenting the facts of the case. They will also submit evidence that proves that the defendant is liable for their client's damages.
Providing Emotional Support and Reassurance
In the wake of disaster, it can be challenging for families to pick up the pieces of their lives. Fortunately, a wrongful death attorney can help to bring reassurance and guidance during this hard time. They can help claimants understand their rights and will work with them to secure the compensation they deserve.
What Damages Can Surviving Family Members Claim in a Wrongful Death Suit?
Economic and non-economic damages are available to the family members of the victim of a wrongful death. This includes, but is not limited to, the following:
Medical costs
Funeral expenses
Pain and suffering
Loss of parental guidance or consortium
A reliable wrongful death lawyer can help claimants determine the amount that they are eligible to receive.
The Law Office of Carl Maltese Is Here to Help
When a person passes away because of the negligence or recklessness of another party, it can leave their surviving family members with few options. Financial crisis can often result, especially because of medical expenses and burial costs.
Fortunately, The Law Office of Carl Maltese can help family members hold the at-fault party liable for their negligent or wrongful act by filing a lawsuit. We understand how challenging this time can be and how taxing it can be on one's emotional and mental health, which is why we approach every case with the care it deserves.
Whether a wrongful death or personal injury lawsuit needs to be filed, our team can assist. We have been in the industry for over 58 years and have the expertise to ensure a favorable outcome.
To discuss the specifics of their case with a professional wrongful death attorney, family members can give us a call. We provide free initial consultations.
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