Founder
When someone is injured due to another’s negligent conduct, the victim has the right to pursue a personal injury case against the at-fault party. But when that negligence claims the victim’s life, eligible surviving family members may be able to file a wrongful death lawsuit. In many ways, wrongful death is an extension of personal injury law.
And in both cases, you will need experienced legal counsel to help you seek the best possible outcome. Did your loved one lose their life because of someone else’s irresponsible acts or omissions? Talk to the Saul Law Firm, LLP about your legal options.
Types of Cases That Give Rise to Wrongful Death
If your family member died and you suspect negligence was involved, it’s important that you speak with a Garden City wrongful death lawyer. There are many different deadly incidents that may allow a family to file a wrongful death action. Among them are:
- Car accidents: Drunk driving accidents are among the leading causes of traffic fatalities in New York. Any type of deadly accident can point to negligence on the part of a driver or a third party, such as a vehicle manufacturer.
- Truck accidents: These wrecks are often fatal due to the size and weight of the trucks. Numerous parties including the driver, the trucking company, and those that handle the truck’s cargo could be legally liable.
- Bicycle and motorcycle accidents: Cyclists and motorcyclists in Garden City do not have the protective steel frames that vehicles have. When a motorist collides with them, the results are often fatal.
- Pedestrian accidents: Pedestrians may get killed while trying to cross the street at crosswalks, or even while walking on sidewalks. The victims can seek a number of wrongful death damages from the negligent party.
- Premises liability: This area of law covers negligent property owners who allow dangerous conditions on their premises. Families of the victims of crime, slips and falls, and other hazards can file a lawsuit.
- Product liability: The manufacturers and distributors of defective consumer products can be held accountable in a product liability lawsuit. This is also the case if the product in question causes someone’s death.
- Medical malpractice: When doctors, hospitals, and other medical professionals depart from the accepted standard of care, the patient may lose their life. Medical malpractice includes a number of different negligent healthcare decisions and actions.
Developing Your Garden City Wrongful Death Lawsuit
When you hire our firm to handle your wrongful death claim, we get to work by:
- Investigating the circumstances that led to the death of your loved one
- Identifying the parties who you can name as defendants in a lawsuit
- Obtaining evidence of the at-fault parties’ negligent conduct
- Negotiating with the at-fault parties’ insurance companies to attempt a settlement
- Representing you during mediation proceedings to try to settle the matter in your favor
- Determining the value of your legal damages, including the financial support the family will lose
- Filing and serving a lawsuit on the defendants if negotiations are unsuccessful
- Taking your case to court and seeking the maximum amount of compensation
- Retaining the services of expert witnesses who can help prove the elements of your case
- Understanding and applying New York’s wrongful death statute to your case
What You Have to Prove in a Wrongful Death Lawsuit
There are four essential elements that a Garden City plaintiff must prove in a wrongful death claim:
Duty of care
The duty of care refers to a party’s responsibility to conduct themselves in a reasonably safe manner in their relationship with the deceased victim. In the context of medical malpractice, this means that the doctor must abide by the standard of care that applies to the unique circumstances of the case. For situations like traffic accidents, it means obeying traffic laws and operating one’s vehicle safely.
Breach
A breach occurs due to the defendant’s act or failure to act. A doctor that neglects their duty to provide acceptable care to the victim may be said to have breached the duty of care. Meanwhile, a speeding driver engages in negligent or reckless conduct that violates the duty of care they owe others on the road.
Causation
Next, the plaintiff must show that the breach caused the death of their loved one. This includes both the actual cause (that the act or omission directly caused the victim’s death) and proximate cause (which means the death was a foreseeable result of the breach). Your Garden City wrongful death attorney can explain the details of how causation works in your case.
Damages
Lastly, the victim’s family has to prove the nature and amount of their wrongful death damages. These may include the deceased victim’s final medical bills, funeral and burial costs, lost income, loss of consortium, and more. Our experienced legal team understands wrongful death lawsuits and what it takes to prove damages.
Fighting For Justice For Your Family
The loss of a loved one leaves family members grieving and unsure about how to survive financially. Our law firm gives survivors the confidence and hope they need to move forward. Connect today with our Garden City legal team to learn more.