Is It Difficult to Prove a Wrongful Death?

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Wrongful deaths can be complicated, and building a lawsuit around one can require a skilled personal injury lawyer. In New York State, wrongful death is defined as a death caused by a wrongful act, neglect, or default.

There are many types of wrongful death lawsuits, and we’ll discuss how an attorney may prove negligence or accidental circumstances in the courtroom.

Proving Negligence

A wrongful death case is not a criminal case. A wrongful death case may lead to criminal charges depending on the outcome, or it might succeed after a criminal case. But as a standalone charge, a wrongful death case typically results from those accidental circumstances or neglect. They’re not planned or malicious deaths.

So when someone has died due to negligence or accidental circumstances, how does your lawyer help prove that? Documentation can be beneficial in these scenarios.

For example, if a doctor ignored a patient’s symptoms, accessing those documents can help. Or was someone prescribed the wrong medication? We’ll want to uncover the record of the prescription from the pharmacy, signed by a doctor. Or was a construction site lacking safety equipment or signage? Photos and proof of this can help prove negligence. Was there a massive puddle on the floor in the middle of a high-rise lobby with no wet floor sign? A secretary or others in the building can vouch that they saw the puddle and no signage in place.

There are many angles and ways your lawyer can attempt to prove negligence. And having documentation can make a difference in your case.

Why File a Wrongful Death Lawsuit?

Some people wonder if a death was caused by an accident, why file a lawsuit? The difference is what we mentioned above, negligence. A wrongful death suit helps hold those accountable for their negligence and can help prevent similar injures or fatalities from happening to someone else. Sometimes if you’re unsure if the death was an accident or not, a lawsuit can help bring to light any potential issues or oversights surrounding the death. Hiring a lawyer and having a team by your side can help lead you through the process.

If you or someone you know was recently injured or died in an accident, contact Loscalzo & Loscalzo, P.C. at (646) 846-4776 to discuss your case with one of our personal injury attorneys today.