What is wrongful death by negligence?

Wrongful death by negligence is a type of legal claim that can be brought when someone dies due to another person’s negligence or recklessness. Negligence is a legal term meaning that someone failed to act with reasonable care towards another person, causing harm. In a wrongful death claim for negligence, the plaintiff (usually the family of the deceased) is seeking to recover damages for the death of their loved one. In New York, this type of claim can be made for a death resulting from medical malpractice, a car accident, workplace negligence, or product liability. In a negligence-based wrongful death claim, the plaintiff must prove four elements: duty, breach, causation, and damages. Duty refers to the obligation or responsibility of one person to another. Breach means that the responsible party failed to fulfill their duty. Causation means that the breach of duty caused the death, and damages refers to the financial losses incurred due to the death. The plaintiff must establish each of these elements to succeed in their claim. In addition to filing a wrongful death claim, the family may also be able to pursue a separate survival action, which is a claim for damages that the deceased would have been able to pursue if they had survived. These claims are available to cover the costs of medical bills, lost wages, and other expenses related to the injury. Wrongful death by negligence is a difficult situation to face, and New York law provides the rights and protections for families in these situations. If you believe your loved one died due to the negligence of another person, you should contact a qualified attorney for advice and help with this process.

What is wrongful death by negligence?

Related FAQs

Related Blog Posts