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Wrongful death claims must meet 4 requirements

When you or your family members are out and about on Staten Island or other areas in New York City, you have the reasonable expectation to remain safe. There are some instances in which a person might be involved in an accident even though they were trying to remain as safe as possible. When a person dies because of injuries suffered in an unexpected accident, the family members who are left behind might explore their options to seek compensation.

A recent story about a possibly dangerous flaw in elevators has recently caused the Department of Buildings to warn building owners who use the affected model to stop operating them or to only operate them manually. This warning comes only after a person died in an accident involving one of these elevators. Those types of situations might lead to civil litigation being filed on behalf of those injured or the survivors of the deceased.

When it comes to a wrongful death lawsuit, there are four main points that must be met in order for the case to be valid. The first of these is easy to prove -- the victim must have been a human. The next two can be more complex -- the death must have been caused by intentional actions or negligence, and the death must have had a financial impact for the surviving family members. The fourth point is that there must be a representative over the estate of the victim.

While it is true that it can be difficult to prove allegations of wrongful death, it isn't an impossible task. Understanding the methods and options you have for proving these points can help you make a choice about your case.

Source: FindLaw, "Wrongful Death Overview," accessed Oct. 15, 2015

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