The sudden, unexpected loss of a loved one is a heart-wrenching experience, and in situations where your loved one’s death resulted from another’s negligence or wrongdoing, the pain is even greater. Hiring a wrongful death attorney in New York may offer a path to justice and financial compensation, but how do you prove wrongful death?
How Do You Prove Wrongful Death?
To successfully pursue a wrongful death claim in New York, there are four things that must be established:
Duty of Care
The defendant must have owed a legal duty to your loved one. This means they had a responsibility to act with reasonable care to avoid causing harm. For example, a doctor has a duty to provide appropriate medical care, while a driver has a duty to obey all traffic laws and drive safely given the weather conditions.
Breach of Duty
For there to be a case, the defendant must have breached their duty of care. This means they failed to act with the same degree of care expected of a person in their position. Examples could include a doctor administering the wrong medication or a driver speeding recklessly.
Causation
Next, you must show that the defendant’s breach of duty was the direct and proximate cause of your loved one’s death. This means your loved one would not have died if not for the defendant’s actions or omissions. E
stablishing causation can be difficult in some cases, and it often means doing an intricate analysis of medical records and accident reports and accessing expert testimony.
Damages
Finally, you must be able to show that you have suffered compensable damages as a result of your loved one’s death. These damages can be economic losses like lost income and medical expenses, as well as non-economic losses such as emotional pain and suffering, loss of companionship, and loss of consortium.
Building a successful case requires understanding these elements under New York law, knowing how to find and understand the evidence, and putting it all together in a compelling way for negotiations and in the courtroom. This is where experienced legal counsel comes in.
Why Choose Barry M. Goldstein?
Barry M. Goldstein has over 30 years of experience fighting for justice in wrongful death cases throughout New York. His extensive knowledge and dedication to his clients provide a strong foundation for success in these cases. Mr. Goldstein understands the emotional toll that wrongful death takes on families and provides sensitive and supportive guidance throughout the legal process, prioritizing your well-being while aggressively pursuing your legal rights.
Mr. Goldstein and his team will carefully investigate every aspect of your case, uncovering crucial evidence, interviewing witnesses, and consulting with qualified experts to build the strongest possible case. As an experienced negotiator, Mr. Goldstein knows how to secure fair compensation through negotiation or, if necessary, advocate for your rights in court.
If your loved one has died because of the negligence of anyone in the New York Metropolitan Area, contact the Law Offices of Barry M. Goldstein now to prove your case.
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