How Do You Prove Wrongful Death?
When someone in your family dies as a result of a third party’s negligence, you have the right to bring a wrongful death claim against that party and recover compensatory damages (aka money). In this post, we go over the key elements you need to establish for a winning New York wrongful death case.
What You Need to Prove in a New York Wrongful Death Claim
There are four key elements that need to be proved in a New York wrongful death claim. These include:
- The at-fault party owed your loved one a duty of care.
- The at-fault party violated or breached their duty of care.
- The at-fault party’s breach of duty resulted in the accident in which your loved one died.
- You have suffered economic or tangible losses as a result of your loved one’s death.
For instance, if your loved one died in a car accident, the aforementioned elements can be proved in the following manner:
- You can prove that the at-fault driver owed your loved one a duty of care, since all motorists in New York are required to follow the rules of the road, exercise caution, and use good judgment to drive safely.
- If the at-fault driver was drunk, under the influence of drugs or any other prohibited substance, ran a red light, driving over the speed limit, or broke the rules of the road in any way, you can prove that they breached their duty of care.
- You can prove that the accident would not have happened and your loved one would not have died if not for the at-fault driver’s breach of duty with the help of documentary evidence like photographs, videos, surveillance footage, witness statements, medical records, and testimony from experts.
- If your loved one was an earning member of your family, you can prove your economic losses by submitting your loved one’s pay stubs, tax returns, bank account statements, and investment related documents. If your loved one was not an earning member, your personal injury attorney might calculate the value of support and services they provided to your family and the loss of care, nurturing, and guidance caused by their demise and help you get adequate compensation.
It should be noted that under New York law, you cannot recover any compensation for the emotional distress and trauma caused by the death of your loved one. You can, however, seek compensation for the pain and suffering endured by your loved one – from the moment they were injured in the accident until their death.
Lost Your Loved One in an Accident? Our New York Wrongful Death Attorneys Are Ready to Fight For You!
Nothing can be more tragic than losing a loved one due to someone else’s negligence. The personal injury attorneys at the Law Offices of Michael S. Lamonsoff are prepared to fight on your behalf, hold the at-fault party accountable for their actions, and get justice.
Led by award-winning personal injury attorney Michael S. Lamonsoff, our legal team will aggressively negotiate with the insurance company and will take your case to trial if required to recover the damages you are entitled to.
To find out how we can help you, call us today at 212-962-1020 or contact us online and schedule a free consultation with one of our profound and reliable New York wrongful death attorneys.