How is Liability Determined in a New York Wrongful Death Case?
Liability is determined in a wrongful death case if the defendant’s negligence and the resulting accident are the direct and proximate cause of the victim’s death. The evidence that demonstrates wrongful death liability depends on the type of case. A civil case differs from a criminal case because your lawyer has to prove negligence by a preponderance of the evidence, not beyond reasonable doubt, which is a much higher standard.
When death occurs because of another party’s wrongful or negligent conduct, Douglas & London can provide the representation you need to hold the responsible party accountable. Whether the responsible party is an individual, a large corporation, or even a government entity, our firm is prepared to stand with you and ensure justice is served. Call today to schedule a free consultation.
What Evidence Is Needed to Show Liability in an NYC Wrongful Death Lawsuit?
The evidence that demonstrates wrongful death liability depends on the type of case. For example:
- In a medical malpractice case, important evidence includes documents and materials that show a doctor-patient relationship, charts, and records describing tests, procedures, and diagnoses, prescriptions and recommendations for follow-up treatment, expert opinions on the appropriate standard of medical care for the situation, and risk disclosure forms.
- In a car accident case, the evidence might include reports filed with insurance companies and police departments, medical records, accident scene photographs, eyewitness testimony, accident reconstructionists’ opinions, and statements from parties involved.
- In a slip-and-fall injury case, evidence includes photographs of the hazardous property condition that caused the slip-and-fall, reports about the condition made before the accident, property ownership and maintenance records, and proof or lack of proof of warnings about the hazards.
- In product liability cases, the evidence includes information about the design, instructions, and manufacture of the product that caused a fatal injury.
When you retain a wrongful death lawyer in New York City to represent you, your lawyer will analyze your case in detail to develop a complete inventory of documents and information. It will support your claim and justify the largest available compensation from responsible parties and the insurance companies responsible for reimbursing your losses and damages.
When Can Evidence of Wrongful Death Liability Be Collected?
In New York, the wrongful death statute of limitations, which establishes the deadline for filing a wrongful death lawsuit, is generally two years from the date of the accident victim’s death. A wrongful death attorney will need to analyze that evidence well before the end of these two years to prepare and file the strongest lawsuit claims and damages demands.
Because witness memories fade and critical evidence can be lost over time, it’s wise to retain an NYC wrongful death attorney as soon as possible. They will have a better opportunity to analyze the evidence while it is fresh and prepare a wrongful death lawsuit that gives the victim’s family the best chance of recovering the compensation they need to rebuild their lives.
Is Wrongful Death Liability the Same in a Civil and Criminal Case?
If a New York State prosecutor determines that the defendant was criminally negligent in causing an accident victim’s death, the prosecutor can file criminal charges against them. This might happen, for example, if they caused a fatal accident while driving under the influence of drugs or alcohol.
To gain a criminal conviction, a prosecutor must prove the defendant’s criminal liability beyond a reasonable doubt. This is a much higher standard than in a civil wrongful death lawsuit, where the defendant’s negligence must be shown by a preponderance of the evidence.
An accident victim’s family is not precluded from filing a civil wrongful death lawsuit when a prosecutor has simultaneously filed criminal charges against the negligent party. The administration of the civil lawsuit might be deferred until the criminal case is concluded. However, the civil lawsuit will not be dismissed because the prosecutor declined to file criminal charges.
Further, because criminal and civil liability standards differ, a plaintiff can prevail and recover damages with a civil wrongful death lawsuit even if the prosecutor does not get a criminal conviction.
Call Douglas & London to Schedule a Free Consultation
The accident and injury lawyers at Douglas & London have recovered over $18 billion for our clients in wrongful death and other personal injury lawsuits. If one of your beloved family members succumbed to injuries in a fatal accident due to the negligence of another party, please call our offices for a free, no-obligation consultation with one of our wrongful death attorneys. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your losses.
