Wrongful Death Manhattan, New York

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• Determining Liability for Wrongful Death

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 all of New York, 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 outstanding legal counsel you need and deserve after the wrongful death of a loved one, contact Proner & Proner today.

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.

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 or she failed to exercise “reasonable care” to prevent an accident or injury – and that his or her negligence resulted in a death.  Certain circumstances may minimize the defendant’s liability (for example, if the victim was where he or she 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 or her 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 or her 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 in New York, where we fight aggressively for the rights of wrongful death victims’ surviving family members.

Contact Us to Learn More about Wrongful Death Litigation

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 compassionate legal services to the surviving family members of wrongful death victims.  Our lawyers serve Manhattan and surrounding New York communities.  Contact Proner & Proner to schedule a consultation with a member of our team.