Proving a Wrongful Death Claim
Are you unsure what elements are needed for proving a wrongful death claim in the state of New York? Here is some helpful information that will help you determine liability and whether or not you have a viable claim. Schedule a free consultation with our New York wrongful death lawyers today.
Proving a Wrongful Death Claim | Negligence
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.
Proving a Wrongful Death Claim | Legal Obligation
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.
Proving 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.
Proving a Wrongful Death Claim | Damages
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 believe that you have a valid claim, contact a New York wrongful death lawyer to discuss the facts surrounding your potential claim.