Losing a loved one is a painful experience. Nothing can change that or the fact that they are no longer with us. However, justice can be achieved if their death could have been prevented or happened in a reckless manner on behalf of others. A wrongful death claim can hold other parties accountable for their role in preventable death and can help ease the financial impacts of losing a loved one. When going about this process, it is important to be able to prove wrongful death. If you are looking for a personal injury lawyer on Long Island, Gulotta & Gulotta will help you get through every step of the process.
What Is A Wrongful Death Claim?
A wrongful death claim is a personal injury case. In other personal injury cases, the injured party files the claim. Since the injured party, in this case, is deceased, someone must file a wrongful death claim on their behalf. Wrongful deaths can be caused by:
- Car accidents
- Doctor malpractice
- Workplace accident
- Negligence of a dangerous condition that caused the death
For more on wrongful death claims in New York, see here.
How Do I File A Wrongful Death Claim?
In New York, a personal representative has to be the one to file a wrongful death claim. Typically, this person is named in the will, but if not, the court can appoint someone as the personal representative. To prove wrongful death in a case in New York, you need the following:
- Proof of death
- Proof of negligence, recklessness, or intent
- Proof of financial hardship following the death
- Proof that a personal injury claim would be filed had the deceased been alive
- The number of damages
Contact A Personal Injury Lawyer on Long Island
A variety of documents and evidence are used in a wrongful death case. This includes a death certificate, eyewitness and defendant testimony, police reports, and medical records. A wrongful death case is emotionally taxing for all parties involved, and it can never bring the deceased back. However, if you feel that you have a case and need a personal injury lawyer on Long Island, Contact Gulotta & Gulotta today, and we can help you win your case.