What kind of evidence is needed to prove a wrongful death due to brain injury?

In New York, a person bringing a wrongful death claim for a brain injury must usually prove that the death was caused by another person’s intentional, reckless, or negligent behavior. If the death was caused by an intentional act, the plaintiff must demonstrate that the defendant intended to cause the injury that resulted in death. If the death was caused by a reckless act, the plaintiff must show that the defendant acted with a conscious disregard for the consequences of his or her actions. Finally, if the death was caused by negligence, the plaintiff must prove that the defendant had a duty to protect the deceased from harm and failed to do so, resulting in the death. When bringing a wrongful death case in New York due to a brain injury, the plaintiff should typically be prepared to establish some kind of physical evidence that suggests a causal relationship between the injury and the death. This could include medical records, accident reports, photographs, witness statements, and other forms of evidence. It is important to gather as much evidence as possible to build a strong case and prove that the brain injury was a direct cause of the death. Finally, it may be necessary to have experts in fields such as medicine and/or engineering to provide additional testimony to explain the link between the brain injury and the death.

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