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How To Know If You Have A Wrongful Death Claim

September 23, 2022by Asim

When a defendant negligently or intentionally causes someone’s death, wrongful termination claims are made against that defendant. The estate of a deceased person and any surviving family members may bring a wrongful death claim against the person or entity legally responsible for the death. Even though wrongful death laws differ from state to state, these cases are typically brought on behalf of the remaining deceased family members by an estate representative. Thus it’s essential to hire Queens wrongful death attorneys in cases like these.

When Can You File a Wrongful Death Claim?

A wrongful death claim may be made when a victim who would have otherwise been entitled to compensation for injuries is murdered due to the liable negligence behavior. This could happen in several numbers of circumstances, such as:

  • When a person is killed on purpose. O.J. Simpson, for instance, was accused of causing the wrongful deaths of Ronald Goldman and Nicole Brown and was consequently sued in civil court. The victims’ relatives filed these civil actions independently of the state’s criminal prosecution against Simpson.
  • When a patient passes away as a consequence of medical mistakes. A wrongful termination action may be brought against a doctor if the client dies because of the doctor’s failure to detect a problem or carelessness in the care provided.
  • Fatalities from car accidents involving negligence. A wrongful death lawsuit may be filed if a victim of an automobile accident passes away due to their injuries.
  • These are only a few personal injury lawsuits that could result in wrongful death claims. Almost any type of personal injury case can give rise to a wrongful death claim, except for work-related fatalities, which must often be handled solely through the worker’s comp system.

Know If You Have a Wrongful Death Claim

You must be able to demonstrate these four components to prevail if you have a wrongful death claim:

1.     Negligence

In wrongful death cases, we must demonstrate that the defendant’s negligence contributed to the death of the plaintiff’s relative, either partially or entirely.

2.     Default in Duty

The plaintiffs must demonstrate that the defendant owes the victim a duty to prevail in a wrongful death action. For instance, drivers are responsible for obeying traffic laws and driving safely. Doctors and other medical professionals have a responsibility to keep patients healthy.

3.     Causation

The complainant in the case will also need to demonstrate how the defendant’s negligence led to the loss of their beloved one to establish how the defendant breached their obligation to the victim.

4.     Damages

The victim’s death must also result in quantifiable damages to establish a wrongful death case. This might comprise:

  • Hospitalizations
  • Medical costs
  • Funeral expenses
  • Funeral expenses
  • Losing money
  • Potential earnings lost
  • A lack of instruction, protection, and inheritance
  • Before their death, the victim experienced pain and suffering.

A wrongful death case in court will need to present solid and convincing evidence to support these claims. Expert witness testimony may be necessary for some of the evidence. Your case will be constructed with facts and evidence presented by a wrongful death attorney.

The credibility and quality of the proof are more significant in wrongful death cases than their quantity. For this purpose, it is frequently advised that you retain legal counsel in your wrongful termination case.

To establish that the burden of proof has been fulfilled, Queens wrongful death attorneys will assist in creating a case around the available data. The burden of evidence must be met for rewards to be recovered. Make sure you have the proof to demonstrate that the defendant’s negligence was the cause of the death.