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Determining Liability for Wrongful Death
Proving Liability in a Wrongful Death – Lawyers Serving New York City
When an individual dies because of another party’s negligence, inaction, or malpractice, that party can be held liable for the death and made to pay damages to the victim’s surviving family members. However, in order to have a wrongful death case, the plaintiff must be able to prove that the defendant’s actions did indeed cause the death – a task that can be difficult and overwhelming without representation by a talented attorney. At Proner & Proner, our team is experienced in wrongful death law. Our lawyers, based in Manhattan, serve greater New York City, providing exceptional legal representation for those handling a wrongful death. We are committed to holding the appropriate parties responsible and obtaining compensation to which our clients are entitled. To secure the top-notch legal counsel you need and deserve after the wrongful death of a loved one, contact Proner & Proner today.
- Wrongful Death – Who is Liable?
- Proving Liability for a Wrongful Death
- Why Do I Need a Wrongful Death Lawyer?
Wrongful Death – Who is Liable?
Determining who is liable for a wrongful death requires an in-depth investigation into the circumstances of the death. Among the most common causes of wrongful death are medical malpractice, motor vehicle accidents (single- and multiple-vehicle, commercial vehicle, trucking, motorcycle, and pedestrian accidents), product liability-related accidents (including those caused by defective automotive products), construction accidents, premises liability-related accidents, and other causes of personal injury. Depending on the circumstances of the death, doctors, hospitals, property owners, landlords, employers, and designers, manufacturers, and dealers of automobiles, medical equipment, pharmaceuticals, work equipment, and other products can be held responsible for a wrongful death.
It takes an attorney experienced in personal injury and wrongful death law, as well as other laws specific to the type of accident, to prove fault for a wrongful death. If you have lost a loved one, contact Proner & Proner to learn more about how our wrongful death lawyers can help. We serve Manhattan and surrounding New York communities.
Proving Liability for a Wrongful Death
Proving liability in a wrongful death claim involves the careful examination of evidence that the defendant acted negligently – he failed to exercise “reasonable care” to prevent an accident or injury – and that his negligence resulted in a death. Certain circumstances may minimize the defendant’s liability (for example, if the victim was where he was not supposed to be, was engaged in an inherently dangerous activity, or acted carelessly, or if the defendant’s actions were part of his normal employment duties). It is also possible, under the legal theory of comparative negligence, for more than one party, including the victim, to be held liable for the death. It is important to note that, depending on state law, the defendant may or may not be held strictly liable (completely responsible, even if the victim’s actions contributed to his death).
Why Do I Need a Wrongful Death Lawyer?
Proving liability for a wrongful death is complex, and it is in a survivor’s best interest to hire an attorney with experience, and a track record of success, in handling wrongful death cases. The ease with which the plaintiff can prove fault usually depends on factors such as whether evidence is readily available, how aggressively the defense refutes the evidence, and how much time has passed since the death (plaintiffs must file charges within their state’s statute of limitations). It also depends on state and federal laws impinging on the case. Individuals can find such experts at Proner & Proner, where we fight aggressively for the rights of wrongful death victims’ surviving family members.
Contact Our Wrongful Death Lawyers Based in Manhattan
Pressing wrongful death charges on your own can be overwhelming without the assistance of a dedicated attorney. If you have lost a loved one due to another’s negligence, you need to have an experienced attorney on your side. Proner & Proner is dedicated to providing top-notch services for the surviving family members of wrongful death victims. Our lawyers serve Manhattan and surrounding New York areas. Contact Proner & Proner to schedule a consultation with a member of our team.
