You prove wrongful death by presenting evidence that shows your loved one died due to the negligence of another person. You must also show that your loved one’s passing has caused you to experience economic and non-economic losses. This process can be extremely difficult, which is why you should work with an experienced Long Island wrongful death lawyer.
An attorney can investigate your loved one’s death, pursue compensation and justice on your behalf, and offer further guidance on how you prove wrongful death. Let’s take a closer look at the steps required to prove wrongful death and how a lawyer can help you win your case.
You Need Evidence of the Decedent’s Passing To Prove Wrongful Death
One of the first pieces of evidence you’ll want to gather for your wrongful death claim is proof that your family member has passed away. Any of the following documents can be used to show that your family member or loved one has died:
- A certified New York State Department of Health death certificate
- A statement from the doctor, funeral director, or institution where your loved one passed away
- A certified report from the police, investigator, or coroner
Your attorney can help you gather the evidence you need to prove that your loved one has died and use it to strengthen your case. That said, if none of the abovementioned pieces of evidence can be obtained, there’s still a way you can prove your family member’s passing.
You’ll need to find two people who have knowledge of the death who can sign sworn statements that include the precise date, time, location, and cause of death. Schedule a free consultation with a wrongful death lawyer today to learn more about gathering evidence for your case.
Duty of Care and the Defendant’s Breach of Duty
If you are mourning the loss of a loved one and wondering how you prove wrongful death, it’s important to learn more about the duty of care. To prove wrongful death, you must show that the defendant owed your loved one a duty of care and failed to uphold it.
When drivers use the road, they have a duty of care to drive in a way that prevents others from suffering foreseeable harm. Grocery store owners also have a duty of care to ensure tripping hazards are removed or marked with a warning sign. Doctors are also held to a certain standard of care.
An attorney can analyze the incident your loved one was fatally injured in and determine if the offending party owed a duty of care. We can use the following pieces of evidence to show that the defendant owed your loved one a duty of care and breached it:
- Records that show what your loved one was doing when the fatal accident occurred
- Records that show the relationship between the defendant and the decedent
- Expert testimony that explains what reasonable individuals would likely have done if they were in the same situation as the defendant
Proving That the Breach of Duty Caused Your Loved One’s Death
One important aspect of how you prove wrongful death is connecting the defendant’s breach of duty with your loved one’s passing. To complete this important step in your case, your wrongful death attorney can use the following forms of evidence:
- Medical records
- Clothing, a damaged vehicle, or other forms of physical evidence
- Photographs and videos of the fatal incident
- Eye-witness testimony
These are just a few of the different types of evidence a lawyer can use to prove wrongful death. Your lawyer will conduct a thorough investigation of your family member’s passing to gather as much evidence as possible. Reach out to a dedicated attorney today to learn more about how you prove wrongful death.
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Using Evidence of Your Losses to Prove Wrongful Death
To get the compensation and justice your family deserves, you’ll also have to prove that you suffered losses as a result of your loved one’s death. A skilled lawyer can use the following forms of evidence to prove that you deserve damages:
- Financial documents that show your lost inheritance or loss of financial support
- Emergency medical, funeral, and burial bills
- Testimony describing how your loss has affected you and your family emotionally
- Testimony from an expert witness who can calculate your future losses
Learn More About How You Prove Wrongful Death
At Levine And Wiss, we have over 100 years of combined experience handling cases like yours. If you’re mourning the loss of a loved one and are asking yourself, “how do you prove wrongful death,” our team is here to provide the compassionate advice and representation you deserve.
We’ll guide you through the process, gather the evidence we need to prove wrongful death and fight for the damages you and your family are owed. Contact us today to schedule a free consultation and learn more about the legal services we offer. We look forward to hearing from you soon.
