Elements of a Wrongful Death Claim

If a family member or a loved one recently died due to someone else’s negligence, you may be wondering if you can file a wrongful death claim. Here are the elements of a wrongful death claim that must be proven in order for the claim to be successful.

Elements of a Wrongful Death Claim | Legal Obligation

The negligent party had a legal obligation to your loved one. For example, people who operate a motor vehicle have an obligation to follow the rules of the road, including obeying the speed limit and not driving while under the influence. With medical malpractice claims, those can complicate this concept because a New York wrongful death lawyer must also research and consider expert opinions related to common standard practices under similar circumstances.

Elements of a Wrongful Death Claim | Negligence

The negligent party must have breached their legal obligation. This includes looking at the actions of the negligent person but also looking at what a reasonable person would have done in a similar situation. If a reasonable person would have acted in a way that is considered more responsible, that creates the concept of negligence in the legal sense.

Elements of a Wrongful Death Claim | Direct Cause

Your loved one’s death must have been directly caused by the breach. In civil law, this is known as the but-for test. But-for what happened, your loved one wouldn’t have passed away. If your claim survives this particular element, it is likely that you have a valid wrongful death claim.

Elements of a Wrongful Death Claim | Compensation

You have actual losses as a result of the death. This includes, but may not be limited to, medical expenses, loss of companionship, lost wages, loss of future income, loss of affection, and final expenses.

If you have any questions regarding the elements of a successful wrongful death claim, please contact our experienced New York wrongful death lawyer today for a free consultation.

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