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In a wrongful death lawsuit, the estate of a deceased person sues the party who they feel is responsible, either through negligence or purposeful action, for the death in question. Because the victim of a wrongful death claim cannot provide their own testimony and evidence, these types of legal cases are often confusing for litigants navigating the subject for the first time. Below, the wrongful death attorneys at The Finkelstein Law Firm, PLLC, in Goshen, New York, share three ways for you to determine if you have a valid wrongful death claim.

3 Ways to Tell If You Have a Valid Wrongful Death Claim

1. Had the Deceased Survived, They Could File a Personal Injury Claim

wrongful death attorneyThe easiest way to deduce whether you have a valid wrongful death case is to look at the nature of the accident leading to the death. Consider for a moment that the deceased had survived the accident; would they have had enough evidence and legal recourse to file a personal injury claim against the responsible party? If so, then you most likely have enough justification to pursue a wrongful death suit. Some telltale signs include negligence or recklessness on the part of the defendant, substantial medical bills stemming from the injuries sustained, or insurance companies refusing to pay or are making you jump through bureaucratic hoops.

2. Meet the Burden of Proof

If you have enough evidence supporting your claim, you typically have sufficient cause to move forward with your lawsuit. Establishing fault can be tricky in cases like these, but it's certainly not impossible. In negligence cases, you must show how the defendant had a duty to practice due care, as well as their violation of this duty. In all wrongful death claims, you must demonstrate how the behavior or inaction of the defendant directly caused the accident leading to the death.

3. Have Quantifiable Damages

As a plaintiff, you must show the courts how you suffered quantifiable damages as a result. Losing a loved one, while undeniably painful, is not enough justification by itself. It’s beneficial to hire a wrongful death attorney, as they can help you prepare to prove how the deceased's death has precipitated monetary losses in your life. For instance, if the deceased provided you with financial support, submit bank statements and records detailing the regular payments you received.

Let the wrongful death attorneys at The Finkelstein Law Firm, PLLC, guide you through the legal process. With more than 45 years' combined experience, their personal injury attorneys and wrongful death lawyers serve clients throughout the Hudson Valley. To speak with someone directly, call (845) 294-9003, or visit them online to arrange a consultation with a wrongful death attorney.

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