How to Prove a Wrongful Death in New York
In the wake of the death of a loved one or family member, many struggle with both the emotional and financial ramifications of their loss. These troubles can make the prospect of an intimidating legal case seem difficult. Learning about how wrongful death lawsuits work in New York can help relieve your stress and provide you with a means of recourse to seek compensation that may make you and your family just a little more comfortable.
Any wrongful death lawsuit must be able to point to a wrongful act, which stems from a person or entity’s negligent, reckless, or intentionally harmful behavior. Wrongful death lawsuits are available in many instances of car accidents, medical malpractice, defective products, workplace accidents, and intentional violent crimes that cause death. It is common to introduce eyewitness and expert testimony to help prove that the wrongful act caused the death in question.
To learn more about your potential wrongful death lawsuit and what you and your family stand to recover, reach out to the dedicated New York wrongful death attorneys at The Carrion Law Firm today at (718) 841-0083 for a free initial case assessment with our NYC scaffolding construction accident lawyer.
What Constitutes a Wrongful Death in New York?
A wrongful death is one that is caused by another person or entity’s wrongful act or omission. A wrongful act could be any type of behavior that is deemed negligent, reckless, or intentionally harmful or malicious. If you can prove that the defendant’s wrongful act caused the death in question, you have the basis of a valid wrongful death claim under New York law.
It can be helpful to think of a wrongful act as something that the victim could sue for if they had survived the incident. For instance, if a driver negligently failed to stop at a red light and caused a collision that injured a bicyclist, the bicyclist could file a personal injury lawsuit against the negligent driver for damages from their injury. If the bicyclist did not survive their injuries, then the collision would create the grounds for a wrongful death lawsuit.
Examples of Wrongful Acts for a Wrongful Death Lawsuit in New York
To help you identify where a valid wrongful claim may exist, our New York personal injury lawyers have provided below just a few of the types of situations that could cause a wrongful death in New York.
Every year, automobile collisions are one of the leading causes of death, not just in the State of New York but across the country. In many cases, fault can be attributed to a driver’s negligence or recklessness behind the wheel. One particularly substantial cause of wrongful death in the context of car accidents is driving under the influence of drugs or alcohol.
New Yorkers rely on the competent, vital care of medical professionals every day. The unfortunate reality is that medical care providers are still prone to failures in meeting their standard of care. Such failures that may cause a wrongful death include misdiagnosis or failure to diagnose, surgical errors, pharmaceutical prescribing mistakes, and failure to obtain informed consent.
If a manufacturing company provides a consumer with a product that does not function as intended, the consequences can be grave. Duties of manufacturers include providing clear labels on their product to explain how the product is to be properly used and to warn of the potential dangers that may arise if used improperly.
Construction sites are full of potential hazards that could cause lethal consequences if a party fails to meet their duty of care, which they owe to both the workers on the site and ordinary passersby. Falling materials and equipment, faulty scaffolding, and malfunctioning heavy machinery can all cause a fatal accident which might provide grounds for a wrongful death lawsuit.
If a person causes the death of another in the course of committing a crime, that would like be considered a wrongful act for the purposes of a lawsuit. In these cases, the defendant may also be facing criminal charges from the same event in addition to a wrongful death lawsuit. It is important to avoid confusing the two legal actions, which may be filed and tried simultaneously.
Types of Evidence in a Wrongful Death Lawsuit
To prove a wrongful death case in New York, the plaintiff must introduce evidence in a variety of different forms. Each type serves to demonstrate different aspects of the case, so it is important that you work with an experienced Long Island wrongful death lawyer so that the court hears the entire story.
Most cases will involve the introduction of physical evidence, photos, and records. But perhaps the two most critical types of evidence in a wrongful death claim are those that come from the testimony of eyewitnesses and experts.
Eyewitnesses can provide a first-hand perspective of how the accident occurred that might not be available otherwise. It is important to get contact information from anyone who may have witnessed the wrongful act so that they can ultimately help paint a clear picture to a jury.
Expert witnesses are essential in helping to explain the more nuanced areas of a case to the court. This is particularly necessary in complex situations, such as where the cause of death was medical malpractice or a defective product. Our seasoned Queens wrongful death attorneys can help connect you to an expert witness that can help you recover compensation for the untimely and wrongful death of a loved one.
Call The Carrion Law Firm About Your New York Wrongful Death Law Questions Today
If you have questions about your ability to recover for your loved one’s untimely death in court, reach out to our New York wrongful death attorneys. For your first call to our offices at (718) 841-0083, you can receive a free initial case assessment.