Losing a loved one is an incredibly hard experience. If this loss happened because of someone else’s mistake or wrongful act, you’re likely looking for ways to hold them responsible. A Long Island wrongful death lawyer can help you understand what is needed to prove wrongful death as a first step to seeking justice.
To prove a wrongful death occurred, you generally need to show specific key facts, including the link between a negligent act and the death of your loved one.
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Understanding Wrongful Death in New York
A wrongful death is the result of a wrongful act or neglect of another person or entity. The core idea is that the death would not have occurred but for the defendant’s actions or inactions.
Many situations potentially lead to a wrongful death claim, ranging from car accidents and medical errors to workplace incidents or defective products. Each case has unique details, but the basic principles of what you need to show remain similar.
The purpose of a wrongful death lawsuit is to compensate the surviving family members for their losses. It’s a civil action, separate from any criminal charges that might arise from the same incident. Families who wish to file a wrongful death suit must do so through the deceased person’s estate representative within the legal timeframe.
Key Elements To Establish in a Wrongful Death Claim
To succeed in a wrongful death case, you must show that the defendant owed a duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely to avoid harming others, and doctors have a duty to provide medical care that meets accepted standards.
Second, you need to prove that the defendant breached, or violated, that duty of care. This breach might be an act of negligence, like a distracted driver running a red light, or an intentional wrongful act.
Third, you must establish causation. This means showing a direct link between the defendant’s breach of duty and your loved one’s death. The death must be a foreseeable result of the defendant’s actions.
Finally, the death must have resulted in measurable damages to the surviving family members or the estate. These damages are the losses for which compensation is sought. Proving these elements forms the basis of a wrongful death action. If your loved one’s death was caused by someone else’s negligence, you might wonder, can I make a personal injury claim instead? In New York, wrongful death and personal injury claims are distinct—wrongful death actions are brought on behalf of the deceased’s survivors, while personal injury claims are made by the injured person themselves.
Evidence for a Wrongful Death Case
Gathering and presenting strong evidence is fundamental to proving wrongful death in Long Island. The type of evidence varies based on the circumstances of the death. Comprehensive documentation helps build a persuasive claim.
Common types of evidence include:
- Accident Reports: Police reports for motor vehicle accidents, workplace investigation reports, or other official accounts of the incident are very useful.
- Medical Records: These records document the injuries your loved one sustained and the medical treatment they received before passing, which helps establish the cause of death and link it to the wrongful act.
- Witness Testimony: Statements from people who saw the incident or have knowledge relevant to the case provide firsthand accounts.
Other useful evidence might involve photographs or videos of the scene, such as from a traffic camera in a car accident case. Expert testimony from accident reconstructionists or medical professionals often plays a significant role.
Pay stubs, tax returns, and other financial documents help demonstrate economic losses.
Who Is Eligible To File a Wrongful Death Lawsuit?
In New York, not just anyone affected by a death can file a wrongful death lawsuit. The law specifically designates who has the legal standing to bring such an action. This structure ensures that the claim is managed in an organized way.
The personal representative of the deceased person’s estate is the party who files the lawsuit. This individual might be named in the deceased’s will as an executor. If there’s no will, the court appoints an administrator for the estate.
While the personal representative files the suit, they do so for the benefit of the deceased person’s surviving distributees. Distributees are typically close family members who suffer damages due to the death.
These individuals usually include:
- Spouse and Children: The surviving spouse and children are primary beneficiaries.
- Parents: If the deceased has no spouse or children, their parents may be the beneficiaries.
- Other Dependents: In some situations, other individuals who are financially dependent on the deceased may qualify.
The court ultimately determines who the beneficiaries are and how any recovered compensation is distributed among them. This distribution is based on the type and extent of loss each beneficiary experienced. If you’re considering legal action, it’s important to understand how long you have to file a claim. In New York, wrongful death claims generally must be filed within two years from the date of death, and other deadlines may apply depending on who the defendant is. Acting promptly helps protect your family’s rights.
Potential Compensation in a Wrongful Death Case
A wrongful death lawsuit seeks to recover compensation for the various losses suffered by the surviving family members. New York law specifies the types of damages that are recoverable. The aim is to lessen the financial burdens and acknowledge the profound non-economic losses.
Damages in a wrongful death claim typically cover:
- Loss of Financial Support: This includes the wages and benefits the deceased would have earned and provided to the family.
- Funeral and Burial Expenses: You may recover reasonable costs associated with the funeral and burial.
- Value of Services: This compensation is for the loss of services the deceased provided, such as household help, childcare, or guidance.
Additionally, families may receive compensation for the deceased’s conscious pain and suffering endured from the time of injury until death. This is technically part of a survival action, often joined with the wrongful death claim.
Families also might recover for the loss of inheritance and medical expenses incurred due to the injury before death.
Calculating these damages often requires careful analysis of financial records and sometimes expert projections. The goal is to present a comprehensive picture of the total impact of the loss. While financial recovery doesn’t replace a loved one, it addresses the economic consequences of the death. If you’re wondering “can I claim compensation,” the answer depends on your relationship to the deceased and the financial or emotional losses you’ve suffered. An attorney can help clarify your eligibility and outline your legal options.
Time Limits for Filing a Wrongful Death Lawsuit in New York
For most wrongful death claims in New York, the lawsuit must be filed within two years from the date of the person’s death. Missing this deadline—wrongful death statute of limitations—generally means losing the right to sue, regardless of the strength of your case.
This two-year period applies even if the wrongful death resulted from medical malpractice. Since adhering to this timeline is absolutely necessary, contact a Long Island wrongful death lawyer immediately to protect your family’s rights.
The rules change significantly if you need to sue a municipality, such as a town, city, or county government, or certain public authorities. In these cases, you must first file a Notice of Claim, usually within 90 days of the appointment of the estate’s representative. In addition, the suit must be commenced no later than two years after death, regardless of when the estate representative is appointed.
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How a Lawyer Helps With Your Wrongful Death Claim
Navigating the complexities of finding and collecting what is needed to prove wrongful death in Long Island often requires legal assistance. A lawyer can handle many crucial aspects of your claim. Their involvement allows you to focus on your family during a difficult time.
Investigating the Circumstances of the Death
A Long Island wrongful death lawyer thoroughly investigates the incident that led to your loved one’s death. This involves gathering police reports, interviewing witnesses, and visiting the scene if necessary. They work to uncover all relevant facts to build a strong foundation for your case.
This investigation aims to determine who was at fault and how the wrongful act occurred. They may consult with investigators or other professionals to analyze complex evidence.
Gathering and Preserving Evidence
Your attorney takes steps to collect and preserve all necessary evidence. This includes obtaining medical records, employment documents, and any physical evidence. They also know how to secure items like traffic camera footage or company safety records.
Properly preserving evidence ensures it remains admissible in court. This systematic approach protects your rights and strengthens your position. Evidence is the backbone of proving wrongful death in New York.
Identifying All Liable Parties
Sometimes, more than one party may be responsible for a wrongful death. An attorney works to identify all individuals, companies, or entities whose actions contributed to the death. This ensures that all potential sources of compensation are pursued.
For example, in a commercial truck accident in Long Island, liable parties might include the truck driver, the trucking company, and even a parts manufacturer if a defect played a role. A lawyer’s objective is to hold all responsible parties accountable.
Calculating the Full Extent of Damages
Determining the full value of a wrongful death claim involves careful calculation of all losses. A lawyer assesses economic damages like lost income and medical bills. They also work to value non-economic losses like loss of companionship and parental guidance.
They may work with economists or financial analysts. Presenting a detailed and well-supported calculation of damages is vital for negotiations and a potential trial.
Navigating Complex Legal Procedures
The legal process for wrongful death claims is complex, involving specific rules, deadlines, and court procedures. An attorney manages all legal filings and communications with the court and opposing counsel and meets all procedural requirements.
Your attorney handles tasks like drafting legal documents, filing motions, and representing you at hearings. This allows you to avoid the stress of managing these intricate processes yourself.
Negotiating With Insurance Companies
Most wrongful death claims involve negotiations with insurance companies. Insurance adjusters often try to minimize payouts, but your lawyer advocates for your interests and negotiates forcefully.
They understand the tactics insurance companies use and how to counter them. Their goal is to reach a fair settlement that adequately compensates your family. Handling insurance company negotiations can be overwhelming on your own, which is why having a lawyer manage this process helps level the playing field and prevents lowball offers from going unchallenged.
Representing You in Court
If a settlement cannot be reached, your lawyer prepares and presents your case at trial. They argue on your behalf before a judge. They present evidence, question witnesses, and make legal arguments to support your claim for wrongful death.
Litigation requires skill and experience. Your attorney acts as your dedicated advocate throughout the trial process.
FAQ for What Is Needed To Prove Wrongful Death?
What Are the Common Causes of Wrongful Death?
Wrongful death can result from many different types of incidents where negligence or a wrongful act occurs. Common causes include motor vehicle accidents, such as car, truck, or motorcycle collisions.
Medical malpractice, where a healthcare provider’s error leads to death, is another frequent basis for these claims.
Workplace accidents, construction site incidents, defective products, and premises liability issues (like slip and falls on dangerous property) also commonly lead to wrongful death actions.
How Do You Start a Wrongful Death Lawsuit in New York?
In New York, a wrongful death lawsuit begins with the appointment of a personal representative for the deceased person’s estate. This representative, often the executor named in a will or an administrator appointed by the court, files the lawsuit.
The next step is to file a summons and complaint, outlining the allegations against the defendant and the damages sought. Working with an experienced Long Island wrongful death lawyer makes it much easier to move through the legal system.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim and a survival action are related but distinct legal actions, often brought together. A wrongful death claim compensates the surviving family members (distributees) for their losses, such as lost financial support, loss of companionship, and funeral expenses.
A survival action, on the other hand, compensates the deceased person’s estate for the harm the deceased personally suffered from the moment of injury until their death, including their conscious pain and suffering and any medical expenses incurred before death.
What Is Needed To Prove Wrongful Death Caused by a Defective Product?
You must show that the product must have been defective in its design, manufacturing, or marketing (e.g., inadequate warnings or instructions). Second, you must demonstrate that this defect made the product unreasonably dangerous.
Third, you need to establish that the defect directly caused your loved one’s death while the product was being used as intended or in a reasonably foreseeable way. Finally, you must show the resulting damages.
Does It Matter if My Loved One Was Partially at Fault for the Accident?
New York follows a pure comparative negligence rule. This means that even if your loved one was partially at fault for the accident that led to their death, a wrongful death claim may still be pursued.
However, any compensation awarded will be reduced by the percentage of fault attributed to your loved one.
Move Toward Justice With Rosenberg & Gluck LLP
When you’re grappling with loss, understanding your legal options offers a measure of control. Establishing wrongful death is intricate, relying on clear evidence and a thorough understanding of New York law.
The team at Rosenberg & Gluck LLP is here to provide the guidance and support you need. We handle wrongful death cases on Long Island and throughout New York. Contact us at (631) 451-7900 for a free consultation to discuss your situation.
