Since accidents can happen occasionally, there may or may not be a party liable when a family member or loved one dies without warning. If you can prove that their death could have been prevented, you might be able to sue the responsible party in a New York wrongful death lawsuit.

Proving negligence in a wrongful death case depends on a number of variables, which we will cover in the article below. 

However, you can benefit greatly from the knowledge of an experienced NY wrongful death attorney who can help you build your case. The lawyers of Brandon J. Broderick, Attorney at Law can help you manage your case and determine the best steps to take.

Wrongful Death: How To Prove Your Case

To establish liability in a wrongful death case, you must prove the other party's negligence. To demonstrate negligence, you must prove the following elements of the case:

• Duty of Care: You must prove that the liable party owed you a duty of care to the victim. This is an obligation to act in a way that a reasonable person would in the same circumstance in order to keep others safe. For instance, a driver owes a duty to other drivers to drive safely and within the boundaries of the law. 
• Breach: The following is to provide evidence that the other party's actions went against their duty of care. This could be that the driver in question violated traffic laws or was intoxicated while driving. This would mean they breached their duty of care.
• Causation: The negligence of the other party resulted in the death of your loved one. 
• Damages: In order to receive compensation, you must show that you suffered damages.

If you retain a wrongful death attorney, they will review all of the evidence to ensure these four elements have been proven. You should remember that proving negligence without a lawyer can be challenging.

Types of Wrongful Death Cases

The words "wrongful act," "negligence," and "default" are important when describing the types of wrongful death cases. However, there are two unique categories that can be used to classify wrongful death cases. If another party's "wrongful act, negligence, default, or breach of contract or warranty" resulted in the death, a standard wrongful death claim is pursued. This is the most typical kind of litigation we see in wrongful death cases. A "survival action," however, is a lawsuit brought by the deceased person's surviving family members.

The surviving members of the family of the deceased victim are permitted to file a lawsuit under New York law if a family member is killed in an accident and there is evidence that the accident was specifically caused by that person's negligence or a company's negligence.

If a wrongful death claim is filed and successful, the victim's surviving family members will be awarded damages. However, it is the personal representative of the estate that must file the claim.

Economic Damages in Wrongful Death Cases

The reason a wrongful death lawsuit is filed is to recover financial damages sustained by the victim's family as a result of the untimely passing of their loved one. In New York wrongful death claims, the following types of damages are awarded:

• Medical expenses
• Funeral, burial or cremation costs
• Lost wages: past and future
• Inheritance the victim would have left
• Loss of parental advice
• Provided services, such as daycare, by the victim

The assessment of these financial losses will be influenced by the age and remaining life expectancy of the deceased and their surviving family. Attempting to negotiate compensation for some of the damages can be difficult and should be left up to legal professionals.

New York Wrongful Death Lawyers At Brandon J. Broderick Are Ready to Help

Our NY wrongful death attorneys support families who are seeking justice following a devastating family loss. We are aware that nothing—not even money—can ever atone for a loved one's passing. But, we do everything we can to support you.

Brandon J. Broderick, Attorney at Law can assist you and your family in rebuilding your lives after such a devastating loss. By allowing our personal injury attorneys to handle every aspect of your claim, you can concentrate on yourself and your family.

Please contact us right away to find out more about how we can assist you.