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 {F:P:Sub:Phone} today.