18 Dec WRONGFUL DEATH CLAIMS | GRUENBERG KELLY DELLA
Posted By Gruenberg Kelly Della || 18-Dec-2020
HOW HARD IS IT TO PROVE A WRONGFUL DEATH CLAIM?
By:
Gruenberg Kelly Della
Losing a loved one in a wrongful death is probably one of the most difficult experiences that any family will endure. These are the kinds of deaths for which no one is prepared. The shock and grief can be consuming and even more aggrieved due to the fact that it was undeserved and never should have happened. A civil lawsuit must follow in which family members will seek to quantify their losses but also to seek justice and emotional closure so that they can move forward.
The question then arises for family members is often how difficult will it be to prove their claim? In New York, family members are not the ones who can bring a wrongful death claim. That must fall to the personal representative of the deceased person’s estate. In some cases, this may be a family member. Either way, understanding what must be shown by a “preponderance of evidence” is something that the family will want to understand when contemplating a wrongful death claim in New York.
Need to make a wrongful death claim in Long Island? Reach out to Gruenberg Kelly Della at {F:P:Sub:Phone} to get your questions and concerns addressed. Free, initial consultation available.
Proving Fault in a New York Wrongful Death Claim
The first thing that must be demonstrated in court in a wrongful death case is that the deceased person was owed a “duty of care” by whomever the defendant is. This means that the defendant must have done something or refrained from doing something that would lead to harm. An example of this is a defendant who was a drunk driver in an accident that led to a death. This defendant should have refrained from driving while under the influence which is a clear violation of the law and an endangerment to other drivers and passengers on the road.
Next it must be demonstrated to the court that evidence exists to prove that the drunk driver breached the duty of care owed to the deceased person. Evidence of this presented would likely consist of chemical testing at the time of the accident as well as police reports that showed that the driver was drunk.
The next factor that must be proved in court is that the drunk driver’s breach of duty of care resulted in harm to the deceased person. Continuing with the example of a drunk driver, it must be shown that the drunk driver’s vehicle actually hit the deceased person’s vehicle which eventually led to his death. This is what is called “causation.” Finally, it must be shown that the deceased person sustained damages, which of course in this case was death. Damages in a wrongful death case can include the medical expenses that were incurred before death, the pain and suffering the deceased person may have experienced before death, the loss of his or her wages, income, or inheritance as well as the value of lost support, care, and guidance that will now be missed because of the death, and the cost of the funeral and burial.
As in any legal case, wrongful death claims and lawsuits are unique unto themselves with their own set of circumstances. These cases may be quick and easy or may take up to years to resolve. Those that go to trial will obviously take much longer than those that are settled outside of court.
Gruenberg Kelly Della Is Here to Help
If you have suffered a wrongful death or a personal injury due to another’s wrongdoing in Long Island, we recommend that you discuss your potential case with one of our experienced attorneys. Our team is driven by compassion for those victimized by the negligence, recklessness, or misconduct of others. We fight hard with all of our 100 years of combined legal experience to help you obtain the rightful compensation and justice you deserve. We understand the harm and disruption that such events bring into the lives of our clients and are dedicated to achieving positive results.
Reach out to our team at (888) 305-6372 today.