In New York, circumstances could present families with the opportunity to file a lawsuit. When these circumstances equate to a fatality, additional requirements must be met. A local attorney helps families review the requirements for a lawsuit under wrongful death law Bronx, NY.
Pinpointing the Avoidable Circumstance
Avoidable circumstances relate to any action that could have prevented the victim from dying. For example, the circumstances of a medical malpractice case could equate to an earlier diagnosis that could have saved the patient’s life. Under these circumstances, the attorney must determine why the patient wasn’t diagnosed earlier. If this failure was due to a refusal to use updated testing options, the doctor may be liable due this avoidable circumstance.
Establishing a Valid Connection
The attorney must establish a valid connection between the choice made by the defendant and the victim’s death. In an auto accident case, this choice could equate to the choice to drive while intoxicated. The DUI charges filed against the defendant could provide this valid connection. If they are convicted, the victim’s family could prove this connection and show that the driver was liable for the resulting fatality.
Submitting Clear Evidence with the Claim
Wrongful death cases require extensive medical records. These include all medical treatment the victim received for their injuries as well as their autopsy report. These documents are needed to show how the chosen action affected the victim and the exact cause of their death.
Calculating the Damages
The court calculates economic damages based on the money lost by the victim or their family. Punitive damages are used in medical malpractice cases as a form of punishment. If a professional utilizes their position to inflict injuries or damage, punitive damages are awarded.
New York families have the legal right to file a formal claim for wrongful death. These cases must provide connections between the identified actions and the fatality. This connection should be clear in the evidence provided by the attorney, which must include medical records as well as the autopsy report. Families that need assistance based on wrongful death law Bronx, NY should contact the Law Office of Ada R. Pretto, P.L.L.C. immediately.
