Losing a loved one is never easy, but it’s especially difficult to deal with if their untimely death could have been avoided. When a family member passes away as the result of another person’s actions, you may be entitled to recover damages through a wrongful death lawsuit. Although no amount of compensation will make up for this kind of loss, it can help to ease any financial burden you’re left facing. A wrongful death attorney will walk you through the filing process and fight to make sure the responsible party is held accountable. Here’s an overview of what you should understand about these types of cases. 

What to Know Before Pursuing a Wrongful Death Lawsuit 

What Constitutes Wrongful Death? 

Wrongful death law applies to situations in which someone dies due to the negligent, reckless, or malicious actions of another party. Thus, wrongful deaths can be either unintentional or intentional. The difference lies in whether or not there was intent to cause the victim harm. An individual or entity may behave in a manner that inadvertently leads to tragic results, or a death may occur in the midst of a criminal act. Either scenario constitutes wrongful death.  

Types of Wrongful Death Cases

Wrongful death can occur in a variety of ways. Some common examples of how victims pass away in this manner include: 

• Car accidents caused by a distracted driver
• Medical malpractice because of a doctor’s misdiagnosis or surgical error
• Injuries sustained from using a defective product 
• Abuse or neglect of a nursing home patient
• Murder

How to Prove Fault for Wrongful Death  

To prove fault for a wrongful death case, you have to be able to show four elements exist. First, the defendant must have owed the victim a duty of care to keep them out of harm’s way. Second, there must be evidence the defendant breached that duty with their actions. Next, there needs to be proof of causation, which means the breach directly caused the victim’s death. Finally, the victim’s passing must have led to damages, such as medical expenses, funeral costs, and lost wages and future earnings. Proving liability is rarely straightforward; therefore, it’s best to have a wrongful death attorney prepare your case. 

The success of your wrongful death lawsuit will largely depend on the knowledge, experience, and skill of the legal representation you choose. At The Finkelstein Law Firm, PLLC, you will find a team of dedicated wrongful death attorneys who have been serving residents throughout Orange County, NY, for more than 20 years. Call (845) 294-9003 to request a consultation with a proven wrongful death attorney, or visit their website to learn more about the different cases they handle.