What Is Needed to Prove Wrongful Death?

Losing a loved one is an unimaginable tragedy, especially when it happens due to someone else’s carelessness or wrongdoing. The pain, grief, and anger you’re experiencing right now are valid and understandable. While nothing can truly make up for your loss, you may be wondering what is needed to prove wrongful death and seek justice for your family member.

Read on to learn about wrongful death claims, your rights to pursue compensation, and the legal process ahead. We explain the key elements required to prove wrongful death, the types of evidence needed, and how an attorney can help establish negligence. 

If you’re struggling with the aftermath of losing a loved one due to another’s negligence, reach out to an experienced Brooklyn wrongful death attorney in your area. A lawyer can discuss your case during a free consultation and answer your questions. If you have a valid claim, you can rely on your attorney to handle all the legal complexities while you focus on your recovery. They can also provide the compassionate support you need during this uncertain time.

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Brooklyn Wrongful Death Guide

• What Is Wrongful Death?
• Elements of a Wrongful Death Claim
• Types of Evidence Needed to Prove Wrongful Death
• Damages in Wrongful Death Cases
• Statute of Limitations
• Who Can File a Wrongful Death Claim
• Contact a Wrongful Death Attorney Now

What Is Wrongful Death?

Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional misconduct of another party. It’s a civil action that allows surviving family members or the deceased’s estate to seek compensation for their losses. Common causes of wrongful death include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Medical malpractice

Wrongful death can result from other scenarios as well, so you need to speak with an attorney about your case to determine whether you qualify to seek compensation.

Elements of a Wrongful Death Claim

To successfully pursue a wrongful death claim, your attorney needs to establish several key elements. These components form the foundation of your case and demonstrate the defendant’s liability for your loved one’s death:

Duty of Care

The first step in proving wrongful death is your attorney establishing that the defendant owed a duty of care to the deceased. This legal obligation requires individuals or entities to act reasonably to prevent harm to others. For example:

• Drivers have a duty to follow traffic laws and drive safely.
• Doctors have a duty to provide competent medical care.
• Property owners have a duty to maintain safe premises for visitors.

The nature and extent of this duty can vary depending on the relationship between the parties and the circumstances of the case.

Breach of Duty

Once they establish a duty of care, your lawyer must prove that the defendant breached this duty through their actions or inactions. This breach occurs when the defendant fails to meet the expected standard of care. Examples include:

• A driver running a red light
• A doctor prescribing the wrong medication
• A property owner failing to address known safety hazards on their premises

Demonstrating this breach often requires comparing the defendant’s behavior to what a reasonable person would have done in similar circumstances.

Causation

The next crucial element is your lawyer proving that the defendant’s breach of duty directly caused or significantly contributed to your loved one’s death. It’s not enough to show that the defendant acted negligently; their actions must have been a substantial factor in the death.

Your attorney will work to establish a clear link between the defendant’s negligent actions and the fatal outcome. This may involve presenting evidence such as medical records, accident reconstructions, or expert testimony to show how the defendant’s actions led to the death.

Damages

Finally, your attorney must demonstrate that the death resulted in quantifiable damages. These can include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of the deceased’s expected income
• Loss of companionship and support

Proving damages often involves detailed financial analysis and expert testimony to accurately calculate both economic and non-economic losses.

Types of Evidence Needed to Prove Wrongful Death

Building a strong wrongful death case requires your attorney to gather substantial evidence to support your claim. The types and amount of evidence needed can vary depending on the specific circumstances of the case. Here are some key categories of evidence often used in wrongful death claims:

Medical Records and Autopsy Reports

Medical records provide crucial information about the deceased’s condition leading up to their death, including any treatments received and the ultimate cause of death. These records can help establish the link between the defendant’s actions and the fatal outcome.

Witness Statements

Eyewitness accounts can offer valuable insight into the events leading up to the death. This might include:

• Statements from people who saw an accident occur
• Testimony from coworkers in workplace accident cases
• Accounts from medical staff in cases of medical malpractice

Witness statements can help corroborate facts and provide additional context to strengthen your case.

Expert Testimony

Expert witnesses play a crucial role in many wrongful death cases. These professionals can provide specialized knowledge to help the court understand complex issues. Examples include:

• Medical experts explaining how a doctor’s actions fell below the standard of care
• Accident reconstruction specialists demonstrating how a crash occurred
• Financial experts calculating the long-term economic impact of the death

Their testimony can lend credibility to your claim and help establish key elements like breach of duty and causation.

Financial Documents

To prove damages, your attorney needs documentation of the financial impact of the death. This may include:

• Pay stubs and tax returns to show the deceased’s earning capacity
• Bills for medical treatment and funeral expenses
• Documentation of benefits the deceased provided to dependents

These records help quantify the economic losses suffered by the family and estate.

Damages in Wrongful Death Cases

In a wrongful death claim, eligible family members may recover various types of damages with the help of an attorney. These include:

Economic Damages

Economic damages, also known as pecuniary losses, are the quantifiable financial losses resulting from the death. These may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of the deceased’s expected income and benefits
• Loss of inheritance
• Value of services the deceased would have provided to the family

These damages are typically calculated using concrete financial evidence and projections of future earnings.

Non-Economic Damages

Non-economic damages address the intangible losses suffered by the surviving family members. While harder to quantify, these damages recognize the profound emotional impact of losing a loved one. They may include:

• Pain and suffering of the deceased before death
• Loss of companionship, guidance, and emotional support
• Loss of consortium for a surviving spouse
• Mental anguish and emotional distress of family members

The amount awarded for non-economic damages often depends on factors such as the closeness of the relationship and the circumstances of the death.

Punitive Damages (in rare cases)

In certain situations, the court may award punitive damages. Unlike compensatory damages, which aim to make the plaintiff “whole,” punitive damages are intended to punish the defendant for particularly egregious conduct and deter similar behavior. These damages are typically only available in rare cases involving:

• Gross negligence
• Intentional misconduct
• Reckless disregard for human life

Punitive damages are not available in all jurisdictions and are subject to specific legal standards and limitations.

Statute of Limitations

When considering a wrongful death claim, you must be aware of your state’s statute of limitations. This legal time frame sets a deadline for filing your lawsuit. Failing to have an attorney file suit for you within the specified period can result in losing your right to seek compensation. 

Each state has its own statute of limitations. Here are some examples:

• New York: In New York, the statute of limitations for wrongful death claims is generally two years from the date of death. However, if the claim is against a government entity, you may have as little as 90 days to file a notice of claim.
• New Jersey: New Jersey allows two years from the date of death to file a wrongful death lawsuit. As with New York, claims against government entities may have shorter notice requirements.
• Pennsylvania: Pennsylvania’s statute of limitations for wrongful death claims is two years from the date of death. However, the clock may start running from the date the cause of death was discovered or reasonably should have been discovered.

Exceptions to the Statute

While these time limits are generally strictly enforced, there are some exceptions that might extend the filing deadline:

• Discovery rule: In some cases, the statute of limitations may begin when the cause of death is discovered, rather than the date of death itself. This often applies in medical malpractice or product liability cases where the link between the negligent act and the death wasn’t immediately apparent.
• Tolling for minors: If the deceased’s children are minors, the statute of limitations may be tolled (paused) until they reach the age of majority.
• Fraudulent concealment: If the defendant actively concealed their wrongdoing, the court may extend the filing deadline.
• Mental incapacity: If the person who would file the claim is mentally incompetent, the statute may be tolled until they regain capacity or a guardian is appointed.

Contact an experienced wrongful death attorney as soon as possible after a loved one’s death. They can help you understand the specific deadlines that apply to your case and ensure your claim is filed on time.

Contact a Wrongful Death Attorney Now

If you’ve lost a loved one due to someone else’s negligence or wrongdoing, the Rothenberg Law Firm LLP is here to help. Our compassionate team understands the profound impact of your loss and is committed to fighting for the justice and compensation your family deserves. To date, we’ve recovered billions of dollars for our injured clients.

With more than 50 years of experience handling wrongful death cases, the Brooklyn personal injury lawyers at Rothenberg Law Firm LLP have the knowledge, resources, and dedication to build a strong case on your behalf. We’ll guide you through every step of the legal process, from gathering evidence to negotiating with insurance companies or presenting your case in court if necessary.

At the Rothenberg Law Firm LLP, we work on a contingency fee basis, meaning you pay nothing upfront and no attorney fees unless we recover damages for you. We offer a free, no-obligation consultation to discuss your situation and explain your legal options.

Remember, there are strict deadlines for filing wrongful death claims. Contact the Rothenberg Law Firm LLP today for your free case evaluation. Let us help you seek justice for your loved one and secure the financial stability your family needs during this difficult time.