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How Do I Prove a Wrongful Death Claim?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 28, 2026

Read Time: 4 mins

The unexpected passing of a close family member can devastate an entire family. While the emotional toll is overwhelming, the unfortunate reality is that a death can have an enormous financial impact as well. The cost of a funeral or final medical expenses can be overwhelming. When your family faces the unexpected burden of funeral expenses or other costs related to the death of a loved one, it is only fair the person responsible for their death faces responsibility. A skilled New York and New Jersey wrongful death attorney is here to help.

Since 1975, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have served as vocal advocates for surviving relatives following an untimely death. If you have lost a loved one due to the conduct of another person, you should speak with a wrongful death attorney right away. Call us to schedule your free consultation. You may be entitled to substantial compensation if:

Another person is responsible for the death of your loved one,
The death resulted from the defendant’s wrongful conduct,
The decedent could have pursued a negligence claim if they had survived,
The decedent is survived by heirs, and
There are damages recoverable under the law

Below, we discuss the elements of a wrongful death claim and how to establish them at trial.

Death and wrongful conduct

Not every passing of a loved one will result in a potential wrongful death claim. To pursue a wrongful death claim, the decedent’s estate must show that another person is responsible for the death. What’s more, the death must have resulted from wrongful conduct. Wrongful conduct can include acts of negligence, recklessness, or even intentional criminal acts.

The basis for a negligence claim

Ultimately, the idea behind a wrongful death claim is that it allows the estate of a deceased person to pursue damages that would have been available in a negligence claim had the decedent survived. These claims exist, given that a deceased person may not bring a negligence lawsuit. Without a wrongful death claim, the negligent party would benefit from the death of the person they hurt by avoiding any financial responsibility they would have faced had the person lived.

Survived by heirs

A wrongful death claim is only viable if the decedent was survived by heirs that would benefit from a successful claim. While the point of these claims is to hold the responsible person or entity accountable, it also serves the purpose of compensating the deceased person’s heirs for their end-of-life expenses. If there are no heirs set to inherit, a wrongful death claim cannot succeed.

Damages

Finally, a wrongful death lawsuit must establish damages that the estate could recover. These damages may include the final arrangements for the deceased, including the cost of their funeral, cremation, or burial.

However, a plaintiff may also seek damages related to the deceased person’s final injury or illness. If the decedent received medical treatment prior to death, the estate may seek compensation for those expenses from the negligent party. Damages may also include the pain and suffering the decedent experienced prior to their death.

Discuss your options with a New York & New Jersey wrongful death lawyer

When you lose a loved one due to the wrongful act of another person, you have the right to recover under a wrongful death claim. However, the process of recovering from a claim is not simple. In fact, only the deceased’s estate has the right to pursue a claim. With that in mind, it is crucial to have your own wrongful death attorney to ensure your rights are protected.

For years, KGG attorneys have proudly fought for the legal rights of the surviving families in wrongful death cases. A compassionate wrongful death attorney from our firm can help ensure your rights are protected during this difficult time. Reach out right away to schedule a free consultation.

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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How Do I Prove a Wrongful Death Claim?

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