Four Key Components of a New York Wrongful Death Lawsuit
Any New York City Personal Injury Lawyer will tell you that there are certain key factors that must be present in order for the family members of the deceased to file a New York Wrongful Death Lawsuit. These four key components are not always easy to determine, however, and it may take the expertise of a team of New York Injury Attorneys to determine if you have a case or not. However, most of these Manhattan Personal Injury Attorneys offer free consultations, so it never hurts to find out if you can regain financial compensation for your expenses incurred as a result of the death of a loved one.
1. The person responsible must have a duty to the deceased. For example, a job site owner has a duty to construction workers to provide a safe environment.
2. The person liable for the incident must have breached the duty. In our example, the job site owner must have offered unsafe conditions or failed to behave in a reasonable manner.
3. The death must have been caused directly by the breach of duty. Again, if the unsafe conditions did not contribute to the accident, no lawsuit can be filed, even if the duty had been breached.
4. The survivors must be found to be entitled to financial compensation. This is usually the easiest component to determine, because there are many expenses related to the death of a loved one.