Are wrongful death cases tried before a jury?

In the state of New York, wrongful death cases may be tried before a jury. A wrongful death case is a civil action, meaning it is brought by a family member or a representative of an estate to seek damages for the loss of someone due to another’s negligence or willful act. Such cases are typically heard in civil court, although the jury will be made up of members of the community. The jury may be asked to determine whether the defendant’s actions, or lack thereof, caused the death of the plaintiff’s loved one. The jury’s responsibility is to consider the evidence and testimony presented by both sides and make a decision based on the facts. If the jury finds that the defendant was negligent or reckless, then the plaintiff may be eligible for compensation for medical bills, loss of income, pain and suffering, and punitive damages. In New York, wrongful death settlements must be approved by a judge. The settlement amount is determined by the jury based on the evidence presented in the case. In some instances, wrongful death cases may be tried before a judge and not a jury. This is typically done in cases where the facts are clear-cut and there is no dispute about who is responsible for the deceased’s death. In such cases, the judge will look at the evidence and make a decision about liability and potential damages. Regardless of the type of trial, the plaintiff must still prove that the defendant’s actions were negligent and caused the wrongful death.

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