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When Can I File a Wrongful Death Lawsuit?

Posted by NY Legal News | Apr 13, 2022 | 0 Comments

Finding out your loved one's life was taken because of the actions of someone else is painful and often frustrating. For some families, this can also mean stress from financial losses. Expenses from unpaid medical bills and funeral costs can add up and become overwhelming. Figuring out what legal steps to take can become challenging under such distress. Do not hesitate to call a New York City wrongful death lawyer for help.

When to Sue for Wrongful Death

Family members and financial dependents can sue for wrongful death when their loved one passed away due to someone else's negligence. The most important factor in a lawsuit like this is negligence. Whether

When Can I File a Wrongful Death Lawsuit?

an injury or medical malpractice incident caused your loved one's passing, you must prove the person being sued was at fault.

Negligence not only means reckless or careless actions that caused the accident but also acts of omission. An act of omission is a failure to act or take proper steps to prevent harm to another person. Your main task is to prove that the person you are suing committing either of these acts of negligence.

Acts of omission are common with medical malpractice-related wrongful deaths. Doctors may fail to diagnose a deadly medical condition. Pharmacists may make a minor error that leads to an overdose on medication. Surgeons can make errors during surgery that causes an unexpected death.

Reckless actions that lead to wrongful deaths commonly occur with traffic accidents, assaults, and workplace incidents. Negligent actions associated with these examples might include breaking the law, dangerous or distracted driving, and improper usage of heavy machinery.

If you are not sure whether you have a wrongful death case, try contacting a New York City wrongful death lawyer for advice. A lawyer can assess your situation to figure out your options.

Steps for Filing a Wrongful Death Lawsuit

When it comes to filing a wrongful death lawsuit, you want as much evidence of negligence as possible. This might mean collecting photos, video footage, legal documents, and records of the incident. What you need will vary depending on the cause of the incident.

You must also prove a breach of duty to keep your loved one from harm. This ties into proving negligence. Causation and damages will need to be proven as well. Many people prove causation by finding evidence that directly ties the party being sued to the negligence actions.

Damages are proven with bill statements, receipts, and other documents. Witness testimonies are helpful for proving damages like pain and suffering. Talk with a lawyer about what other damages you could be eligible for.

New York City Wrongful Death Attorney

Losing a loved one to an accident is one of the hardest things to go through. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York wrongful death lawyer for a free consultation today. Our Nassau County attorneys might be able to help you obtain compensation for medical expenses, pain and suffering, and funeral costs. We are located throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

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