Necessary Elements in a Wrongful Death Claim
If you’re reading this, it’s probably because you have just lost someone close to you. What you’re going through right now cannot compare to anything else. Your days are filled with grief and mental anguish. But as you come to terms with your loss and realize that life goes on, you may begin to explore your legal options to get a much-needed sense of justice, obtain compensation, and hold those responsible for the loss accountable.
As a wrongful death attorney at the Law Office of Steven R. Smith, I understand the emotional toll that comes with the death of a loved one. When someone you love is killed and another person is at fault, the anguish can be unbearable.
As you and the rest of the family deal with emotional devastation and financial challenges, you need to find the strength and resilience to start working on a wrongful death claim. This will not only provide your family with financial compensation but may also bring a sense of closure. However, one of the first challenges that may arise on your path to justice is establishing the necessary elements in your wrongful death claim.
How Does New York Law Define Wrongful Death?
Under New York law §5-4.1, wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another. This can include incidents like medical malpractice, car accidents, or motorcycle collisions. The law allows the estate of the deceased to file a lawsuit against the responsible parties, seeking compensation for the damages caused by the untimely death.
The Elements You Need to Prove in a Wrongful Death Case
Wrongful death claims in New York are governed by specific statutes that outline what elements must be established to obtain compensation. Specifically, a wrongful death case consists of the four elements:
Element #1: Duty of Care
The first element in a wrongful death claim is establishing that the defendant (the person responsible for the death) owed a duty of care to the deceased. Duty of care refers to the legal obligation to act with a certain level of care that a reasonably prudent person would exercise in similar circumstances.
Example: Drivers have a duty of care to follow traffic laws and drive safely to avoid causing harm to others they share the road with. If your loved one dies in a car accident because the other driver was speeding, the duty of care could be established by showing that the driver was required to obey the rules of the road.
Element #2: Breach of the Duty
Once you establish a duty of care, the next step is to show that the defendant breached this duty. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances.
Example: The driver from our previous example is speeding. The breach of the duty could be established by showing that the driver disregarded traffic laws and failed to drive safely.
Element #3: Causation
Proving causation means showing that the defendant's breach directly caused the death of your loved one. In legal terms, you must demonstrate both actual cause (the breach directly caused the death) and proximate cause (the death was a foreseeable result of the breach).
Example: If your loved one died after their car collided with the vehicle that was speeding, causation can be established by showing that the death would not have occurred but for the other driver’s disregard of the traffic laws.
Element #4: Damages
Damages refer to the losses suffered by the deceased's estate and surviving family members as a result of the wrongful death. These can include economic damages like medical expenses prior to the death, funeral and burial costs, loss of income, as well as non-economic damages like mental anguish, pain and suffering, loss of consortium, loss of guidance, and others.
Example: Let’s say your loved one died in a car accident. The medical expenses to keep them alive totaled $40,000, the cost of repairs to the vehicle was $10,000, funeral and burial costs were $10,000, and the loss of income was estimated at $400,000. That’s only the economic damage. As for the non-economic damages, the court uses the multiplier method and multiplies the total economic damages ($460,000) by three. That’s $1.38 million. As a result, the verdict amount (economic plus non-economic damages) totals $1.84 million.
Since no two cases are alike, you might need legal assistance from an attorney to determine how much your case is worth.
What Evidence Can You Gather for a Wrongful Death Claim?
Evidence is the foundation of any wrongful death case. Without the evidence, you cannot establish any of the above-mentioned elements. But what evidence do you need? Depending on what element you’re trying to establish, you may need the following types of evidence:
Medical records and autopsy reports
Police reports and accident scene photos
Witness statements
Employment and income records
Expert testimony (medical, financial, etc.)
Correspondence (emails, texts) related to the incident
Surveillance footage
Maintenance records (if applicable)
Each piece of evidence plays a vital role in substantiating your claim and demonstrating the necessary elements. As a wrongful death attorney at Law Office of Steven R. Smith, I've guided many clients through the process of collecting and organizing evidence, ensuring that no detail is overlooked.
Who Can File a Wrongful Death Claim in New York?
In New York, the personal representative of the deceased's estate is the only person legally allowed to file a wrongful death claim. This representative is often named in the deceased's will. If there is no will, the court can appoint a personal representative. The damages recovered in a wrongful death claim benefit the deceased's surviving family members, including the spouse, children, and parents.
Let Me Help You Fight for Justice
In my over 30 years as a wrongful death attorney at the Law Office of Steven R. Smith, I've helped countless families seek justice for their loved ones. I know what it takes to establish the necessary elements in a wrongful death claim and help families find closure and eliminate some of the financial burdens caused by the loss of their loved ones.
When you are ready to discuss your case, feel free to reach out. With an office in Garden City, I am proud to represent clients throughout New York, Long Island, Hempstead, Westbury, Mineola, and New Hyde Park. Get in touch today to schedule a free consultation.