New York accident laws identify wrongful death based on if the fatality was avoidable. The case must show that the defendant intended to inflict bodily harm or a different choice could have prevented the victim’s death. In wrongful death in the Nassau County NY area, the attorney must connect the defendant’s choices to the fatality.
Proving that the Fatality was Avoidable
Avoidable circumstances apply when another choice could have prevented death. For example, the driver in an auto accident could have prevented a fatality if they didn’t drive while intoxicated. An accident shooting is another avoidable circumstance. In these instances, the property owner is liable equally if they didn’t take measures to secure the firearm. If the attorney proves that the circumstances are avoidable, wrongful death is verified.
Using Forensic Evidence to Support the Claim
All wrongful death lawsuits require medical evidence to support the claim. A forensic pathologist or medical examiner performs an autopsy on the victim and identifies the exact cause of death. They identify whether the injuries are conclusive with the occurrence reflected in the wrongful death claim. The examiner or pathologist testifies during the trial to show how the sequence of events leads up to the fatality.
Evaluating Criminal Proceedings Connected to the Case
If the Wrongful Death is the result of a crime, the outcome of the criminal case applies to the civil litigation. If the defendant is proven guilty, it could increase the odds of an award in the civil case. If the fatality was deemed intentional, wrongful death is established. The defendant’s choices ensured that the victim would die. This indicates that they could have chosen a different course of action and prevented the fatality. Their choices make them liable in the civil litigation case.
New York accident laws identify wrongful death as a fatality that could have been avoided. In these proceedings, the victim’s attorney needs a doctor to present medical evidence. This helps them explain how the injuries were produced and that the accident or crime was the cause of their death. Families that need to file a claim for Wrongful Death in the Nassau County NY area should hire an attorney now.
For more information, contact Kiley, Kiley & Kiley, PLLC