New York Wrongful Death Attorney

Wrongful death is a claim in tort against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives. Unlike criminal law, private parties may bring the suit. The defendant has fewer due process and Constitutional protections such as immunity or the right to refuse to give testimony. The standard of proof is typically by a “preponderance of the evidence,” as opposed to “beyond a reasonable doubt.” For all the above reasons, it is often easier for a family to seek retribution against someone for wrongful death in tort than pursuing a criminal law conviction. It should be noted, however that the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action.

When a wrongful act such as negligence results in the death of a person, the family who has lost the love, companionship, guidance and support of the deceased may file a wrongful death action against the party or parties who caused the death.

If a family member has been a victim of wrongful death, contact Attorney Walter G. Alton, Jr. to review your legal rights under wrongful death law.