Proving fault in a wrongful death lawsuit requires strong evidence and compelling arguments, both of which our attorneys can help you build in New York. You must prove specific elements to establish liability in this type of lawsuit, all of which our attorneys understand and know how to prove.
The plaintiff in a wrongful death lawsuit must prove that the defendant owed the victim a duty of care and breached it, fatally injuring them. We can review the circumstances surrounding the victim’s death and see if anyone else is to blame, like a negligent driver or property owner. Evidence that proves these cases includes eyewitness testimony, photos, videos, and medical records, all of which we can help plaintiffs collect. Let us argue for fair compensation from a wrongful death settlement or take the case to trial to prove liability in court.
Discuss your case for free with our New York wrongful death lawyers when you call The Carrion Law Firm at (718) 841-0083.
What Do You Have to Prove in a Wrongful Death Claim in New York?
We must prove specific elements to win wrongful death lawsuits in New York. Our attorneys know what it takes to prove duty of care, breach of duty, causation, and damages, and can help you successfully do so.
Duty of Care
First, we must prove that the defendant owed the deceased victim a duty of care. This is a responsibility to act with others’ safety in mind, and sometimes, according to certain standards. A common duty of care is the one between drivers. They must follow traffic laws and drive safely, as being reckless endangers others on the road.
If your loved one died in a premises liability accident, we can establish the property owner’s duty of care. Property owners owe visitors a duty to keep their properties reasonably safe and hazard-free.
Breach of Duty
Next, our attorneys must prove that the defendant breached their duty of care. A breach of duty is a negligent act. Tossing objects at construction sites can endanger passersby, and commercial truckers driving fatigued put others on the road at risk.
Tell us everything you can about a fatal accident. If you’re unsure exactly how the at-fault party breached their duty of care and killed your loved one, call our Flatbush, NY wrongful death lawyers, and we can investigate further.
Causation
The third element we must prove in a wrongful death claim is causation. This means proving the defendant’s negligence directly caused the victim’s death. Causation can be one of the most challenging elements to prove in any lawsuit. It requires strong evidence, which our lawyers can help obtain and present with compelling arguments.
Damages
Lastly, we must prove the damages survivors suffered because the defendant’s negligence killed their loved one. Proof of funeral and burial expenses, loss of income and future earnings, medical expenses, and other economic damages, let us recover them in full.
What Evidence Proves Wrongful Death Lawsuits in New York?
Let us gather the evidence necessary to prove fault in a wrongful death lawsuit and recover the damages survivors deserve.
Eyewitness Testimony
Fatal accidents may have eyewitnesses. If you know of anyone present during the accident, tell us right away. We can interview them, learn more details about the incident, and use the eyewitnesses’ testimony to strengthen your lawsuit.
We may locate eyewitnesses through police reports and other means, so don’t panic if you’re unsure if anyone witnessed the fatal accident.
Medical Records
Medical records also help prove wrongful death claims. If the victim did not die immediately and instead went to the hospital for medical attention, they generated medical records. We can get these records and use them to confirm the victim suffered their fatal injuries on the same date and at the same time of the accident involving the defendant.
Autopsy reports are also important, as they confirm the manner of death.
Photos and Videos
Photos and videos let us reconstruct a fatal accident. We can see if police officers or eyewitnesses took any useful photos, possibly depicting property damage or the victim’s injuries. We may also retrieve video footage from nearby security cameras, so please notify us of the location of the fatal accident immediately.
Can You Argue for Greater Compensation from a Wrongful Death Settlement?
You do not have to settle a wrongful death case immediately after filing. Let our lawyers argue for fair compensation on behalf of all survivors.
Initial settlement offers may fail to consider the victim’s professional trajectory and how their earnings would have increased over time. Loss of financial support and future earnings are serious damages, and grieving survivors can argue for full compensation with our attorneys’ help.
By also filing a survival action alongside a wrongful death case, we can argue for compensation for damages the victim incurred before dying, including compensation for their pain and suffering. Ask our lawyers about also filing a survival action in New York, and what that could mean for all survivors’ recoveries.
Are Comparative Fault Arguments Common in Wrongful Death Lawsuits?
Like other lawsuits, wrongful death claims are subject to comparative fault laws. If the victim was partially liable, the damages awarded to survivors may diminish. We can tackle comparative fault arguments from the defense head-on and prove that they are solely liable for the victim’s death.
If the victim is not living to speak about the defendant’s negligent conduct, the defendant might try to argue that the victim contributed to the accident. Evidence can refute comparative fault arguments, such as eyewitness statements, photos, and videos. Let us address inaccurate claims that your loved one was partially negligent and fight for your and other survivors’ fair compensation.
Call Our New York Lawyers About Filing a Wrongful Death Case Today
Call the Long Island, NY wrongful death lawyers of The Carrion Law Firm at (718) 841-0083 for help with your case.