Albany, NY asked in Wrongful Death for New York

Q: What are the most common reasons for why plaintiffs lose wrongful death lawsuits?

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2 Lawyer Answers

Robert D. Kreisman

PREMIUM
Answered

A: When the jury decides that there was no negligence that was a cause of the death, the verdict would be for the defendant. Plaintiffs have the burden of proof, a preponderance of the evidence, or what is more probably true than not true, that the breach of duty was a cause of the damages, the death of the person. If the jury, who are the fact finders in any jury trial, find that the burden of proof wasn't met, the verdict is for the defendant.

Peter N. Munsing

PREMIUM
Answered

A: Biggest problem is lack of witnesses, and in some cases that the person is dead and their relatives are not sypathetic--a suit by people who never gave the deceased the time of day doesn't sit well with juries. Without witnesses it can be difficult to prove who or what caused the death.

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