No one is ever prepared to lose a loved one. You can pursue a wrongful death claim if you feel that the death could have been prevented. Negligence can play a major role in figuring out who is at fault. If you’re in New York State and find yourself in the unfortunate position of needing to prove wrongful death, understanding the necessary evidence is crucial. It’s important to understand the evidence that is required for these types of cases and create a strong claim. Once you have that all figured out, then seeking justice is in your cards.
Contents
Proof of Negligence or Wrongful Act
To get your wrongful death claim moving in New York, you must prove that the death was caused by the defendant’s negligence. There are many options you can go with for this type of scenario. The necessary part of this is having the right amount of evidence. Medical malpractice, car accidents, or workplace accidents fall into this category. If you can prove that your loved one wasn’t at fault, then you have a wrongful death claim. It’s important that you can back it up.
Causation
Once the blame is established, you must show how their actions caused the victim’s death. You need to show the link between what the defendant did to cause the outcome. You can reach out to a legal team that can provide you with the necessary tools to get your case in court. Expert testimony and medical records are fantastic pieces of evidence that the defendant cannot dispute. You can also use the help of medical experts who can explain how the victim’s death was caused. These can be used to decipher the defendant’s claim and compare it to yours.
Duty of Care Breach
This concept is central to dealing with wrongful death claims. This refers to the obligation that people have when they are out in public. They need to make sure that their actions do not cause another person bodily harm. The only way to succeed in your case is to be able to prove that the duty of care was breached. That the victim’s death was caused by someone not paying attention to their actions. You need to make sure that your evidence highlights that claim. You need to prove that whatever the defendant did caused the victim to lose their life.
Proof of Damages
Along with providing evidence for negligence, you need to establish how the damages caused the victim’s death. These types of damages can include a multitude of things. The main types of damage tend to lean more towards medical expenses and funeral costs, along with families dealing with a loss of income and pain and suffering. You need to keep track of these damages to make sure you can back your claim. Without it, there’s not much your lawyer can go off on. That way, you’re able to justify the amount of compensation you are seeking.
Expert Testimony and Statements
Using an expert witness can help your claim move quickly to court. You can use medical professionals and those who reconstruct accidents to provide unbiased opinions on the victim’s death. It also gives the court a good idea of how the accident happened and if it could have been prevented. Their testimony adds credibility that is necessary to your case and helps the court decide that they are in your favor. Along with eyewitnesses, you can use witnesses who were in the accident. They will be able to provide statements that can back up your claim. They help give a good idea from a different point of view on what happened and if the defendant could have done better.
Documentation and Records
Make sure to keep track of any information regarding your loved one’s death. Anything that has to do with them can be used as evidence. This will help you create a solid claim that will get you the justice you deserve. However, it requires you to pay attention to the details and make sure you are collecting the right information. Don’t throw away documents that involve the victim. Keep track of all the records that are associated with them. These will have all the information necessary to back your claim up.
It requires a lot of details to prove wrongful death in the state of New York. The burden of gathering evidence that demonstrates negligence, causation, breach of duty, damages, and expert opinions can be overwhelming, especially during a time of grief. Going through these types of cases can be a lot to go through. Hiring a trusted legal team in your area means that you aren’t going through it alone. They will help you figure out what to do next and keep you heading in the right direction. They will help you take some of the stress off, so you can grieve in peace. It’s important to research what exactly you need to file a claim. Once you have everything you need, let your lawyer help you. They will make sure you get the compensation you deserve.
