This site is undergoing scheduled maintenance. Please check back in a few minutes.
Albany, NY asked in Wrongful Death for New York

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

Related Topics:
2 Lawyer Answers
Robert D. Kreisman

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
Peter N. Munsing

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.