What You Need to Prove in a Wrongful Death Lawsuit

You have the right to file a wrongful death claim if you have lost a spouse, parent, or child as a result of an avoidable accident or as a result of violent action. However, simply going to court and claiming that a death was wrongful and that you are entitled to compensation is insufficient. Family members must meet stringent standards in order to win a wrongful death claim under the law.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of civil suit that can be filed by the family or estate of a person who has died as a result of the negligence or misconduct of another party. In order to win a wrongful death lawsuit, the plaintiff must prove that the defendant was responsible for the death of the victim and that the victim’s death caused the family financial loss.

What You Need to Prove in a Wrongful Death Lawsuit

In order to prove a wrongful death lawsuit, you must show that the defendant was negligent and that this negligence resulted in the death of your loved one. This can be difficult to do, as it requires proving that the defendant’s actions led to the death and there will never be testimony from the victim as they’ll always be deceased. There are several elements that must be proven in order to win a wrongful death lawsuit, and each one is critical to the success of your case.

Negligence

The first element that must be proven in a wrongful death lawsuit is negligence. The defendant must have acted negligently by either acting or failing to act in a certain way. This negligence caused the injury or death of the victim, and it must be shown that proper action would not have led to harm or death.

Breach of Duty

The defendant must also have breached their duty to act with reasonable care. This is because people are expected to act within the standard of care that someone in their position would use. If this was not done, it can be concluded that the defendant’s actions were negligent and led to the loss of your loved one.

Causation

The negligence of the defendant must be shown to have been the direct cause of the victim’s death. This means that the injury or death would not have occurred if it were not for the defendant’s actions. Proving causation can be difficult, as it must be shown that the defendant’s negligence was the sole cause of the victim’s death.

Damages

In order to receive damages in a wrongful death lawsuit, the plaintiff must show that they suffered financial losses as a result of the death of their loved one. This can be done by proving that the victim provided financial support for the family or that the victim had future earning potential that was taken away by their death.

These are just a few of the elements that must be proven in a wrongful death lawsuit. If you are considering filing a suit, it is important to speak with an experienced attorney who can help you understand exactly what needs to be proven in order to receive compensation for your loss.

If you can successfully prove these foundational elements, then you may be able to win a wrongful death lawsuit. It is important to note that each case is different and the facts of your case will play a critical role in the outcome. Therefore, it is important to speak with an experienced wrongful death lawyer to get a better understanding of your specific situation and what you can expect moving forward.

Napoli Shkolnik’s team of personal injury attorneys in New York is well-experienced in wrongful death lawsuits and can provide the knowledge and compassion necessary to help you through this tough experience. Get in touch with Napoli Shkolnik today for a free case evaluation!