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What are the elements of a wrongful death case?

On Behalf of | Jul 23, 2019 | Personal Injury |

The loss of a life is never an easy situation, but it gets more complex when someone loses their life due to the negligence of another person. In New York, this is a wrongful death situation. It could stem from any type of incident where one person does something or does not do something and that action or inaction leads to the death of someone else. There are certain elements that you must prove to get a wrongful death determination.

The New York City Bar explains that a situation must meet specific criteria to get the wrongful death label by a court. This begins with the person who dies having dependents of some type that rely on that person for financial support so that the death of the person causes these dependents financial hardship.

It is also essential to prove that the person you want to file the lawsuit against is the person who acted in a negligent way. This could mean that he or she did something or failed to do something that led to the incident that caused the death. You have to draw that parallel that the action of this person lead to the death.

When you can show all of that, you have a fairly solid wrongful death claim. You are able to take your claims to court in a lawsuit where the court will hear the evidence and make a ruling. If you win, you will likely get financial compensation, including but not limited to medical costs, funeral expenses and loss of income and companionship awards. This information is for education and is not legal advice.