Wrongful death is built on negligence, and it is up to the plaintiff (the personal representative of the decedent’s estate) to prove the required elements. Understanding these elements can help the personal representative and the deceased victim’s family build a compelling case.
If your loved one was killed because of someone’s negligent actions in Nassau County or Queens, you may have the right to file a wrongful death lawsuit. We can explain how these claims work and how they are differentiated from survival actions. Count on the experienced attorneys of Bornstein & Emanuel, P.C.
Negligence and New York Wrongful Death Lawsuits
Negligence means failure to act with the level of care that an individual of ordinary prudence, under the same or similar circumstances, would exercise. If someone is negligent, and thereby causes another person’s death, the personal representative of the victim’s estate can file a wrongful death lawsuit.
To show negligence and make a strong case for damages, the plaintiff should be prepared to prove the following four elements:
- Duty of care: Every individual has a duty to act with reasonable care and to avoid acts or omissions that could foreseeably harm others. For instance, motorists in Nassau County and Queens have a duty to drive safely and obey traffic laws.
- Breach: A breach of the duty of care occurs when someone, by some act or omission, fails to meet this standard. Using the example of drivers, a breach may occur due to drunk driving, speeding, distracted driving, and anything else that is unsafe and irresponsible.
- Causation: Next, the plaintiff has to show that the victim’s death would not have occurred except for the negligent act or omission. This causal link can be difficult to show if there were multiple negligent parties, but an attorney can assist you.
- Damages: Finally, the plaintiff must demonstrate the nature and amount of the damages they incurred as a result of the wrongful death.
It’s important to emphasize that the victim has the burden of proving these elements. The standard of proof is known as the preponderance of evidence. This essentially means that to win, it must be more likely than not that the defendant’s negligence caused the victim’s death.
What Damages Are Available in a New York Wrongful Death Case?
If your loved one was killed due to someone’s negligent or intentional actions in Nassau County or Queens, the personal representative of the estate may seek damages through a wrongful death lawsuit. These include:
- Burial and funeral expenses
- Lost future income that the victim would have earned
- Lost household services
- Lost parental care and guidance
What Is a Survival Action?
A survival action is similar in some ways to a wrongful death lawsuit, and the two are often filed together. But there are some important distinctions:
- Wrongful death: Filed over the death of a loved one and the resulting financial consequences.
- Survival action: Concerned with the damages for which the deceased victim could have sued, had they lived (or survived, hence the name).
Put another way, a survival action accounts for the damages, injuries, and losses that the victim incurred and experienced before they died. The damages can be substantial if the victim did not die immediately from the accident or injury in question. They may include:
- The victim’s final medical bills before death
- Lost wages the decedent didn’t earn prior to death
- The victim’s pain and suffering before death
Our Nassau County and Queens wrongful death attorney can further explain the differences between these two lawsuits and help you and your family seek justice, closure, and compensation.
Legal Advocacy Your Family Deserves
Did your loved one lose their life due to someone else’s actions? If so, it’s time to explore a wrongful death action with the compassionate and experienced attorneys of Bornstein & Emanuel, P.C. Call or complete our web contact form today to learn more.
