Call Now
(866) 971-0927
Written/Reviewed By:
Barry S. Kantrowitz, Esq.Last Updated: Jun 12, 2026
Read Time: 5 mins
The specific documents or information you will need to file a wrongful death lawsuit will vary depending on the circumstances. In general, you will need sufficient evidence to prove that the defendant was negligent, and that the negligence was responsible for your loved one’s death. In other words, you will need to prove that the death could be legally categorized as wrongful death.
Every death feels like a wrongful occurrence, and the absence of a loved one can feel impossible to bear. A family’s loss is made all the more difficult when their loved one would have been alive but for the negligence of a third party, such as an irresponsible driver. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our wrongful death lawyers help guide families through difficult times. We provide trusted legal guidance designed to enable bereaved family members to pursue justice on behalf of their deceased loved ones.
Proving the elements of a wrongful death case
In every wrongful death lawsuit, the plaintiff’s counsel must prove certain elements. They are as follows:
- Duty of care: The defendant owed a duty of care to the decedent. For example, in a car accident case, all drivers owe all other drivers and pedestrians a duty to exercise reasonable caution and obey the rules of the road.
- Breach of the duty of care: The defendant not only owed a duty of care to the decedent but also violated that duty in some way. In a car accident case, this breach might involve running a red light, speeding, or driving while intoxicated.
- Causation: The evidence must show that the defendant’s breach of the duty of care resulted in the wrongful death. For example, if the defendant ran a red light, but the slippery conditions on the road resulted in the decedent’s loss of control of his car, then a wrongful death lawsuit cannot be brought. On the other hand, if the defendant ran a red light and T-boned the decedent’s car as a result of that action, then the family may file a wrongful death claim.
When reviewing your case, your wrongful death lawyer will determine whether these elements may be proven in court. Lawyers rely on various types of evidence to prove negligence in court.
Common types of evidence
During your initial consultation with the lawyer, you will be questioned about the circumstances of your loved one’s death. Your answers will inform the lawyer’s search for evidence. For example, if your loved one died in a car accident, the lawyer will ask to see the police report. The police report may reveal that the other driver was given a chemical blood alcohol content (BAC) analysis, for example, or that they ran a red light.
It’s also quite common for wrongful death attorneys to request copies of the decedent’s autopsy report. This is particularly important in cases of suspected medical malpractice, since this report may reveal a fatal medication error, or perhaps a surgical mistake. Furthermore, if medical malpractice is suspected, or if your family member lived for a short while after the accident, then the medical records will also be vital in proving liability.
In most wrongful death cases, it’s relatively straightforward to prove that the defendant owed the decedent a duty of care. For example, the individual’s doctor naturally owes a duty of care to them. However, proving this element can be a little trickier for premises liability cases. For example, let’s say your family member fell from a fire escape that was installed for a landlord by a third-party contractor. You’ll need the contract between the landlord and the contractor that proves the nature of the relationship.
Evidence of damages
In addition to proving that a wrongful death occurred, you will need to provide evidence regarding the damages. Economic damages are those that are easily calculable. For example, you could sue for the loss of financial support, in which case you will need tax returns that prove their financial contributions. If they lived for a period after the accident, you’d need copies of their medical bills and related expenses.
You might also sue for emotional anguish, loss of consortium, or loss of parental support and guidance. Documents that prove your personal loss might include bills from a grief counselor.
Contact us for a confidential consultation
The wrongful death lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. understand that it can be challenging to make major decisions in the wake of a family member’s untimely passing. We’re here to offer comprehensive legal guidance and a case evaluation to allow you to make an informed decision regarding litigation.
Since 1975, we’ve served families throughout Rockland County, NY, and Bergen County, NJ, providing trustworthy counsel and an empathetic ear. Contact us today to request an initial consultation with a wrongful death lawyer.
Get in Touch
"*" indicates required fields
Posted on Google
LWelsh16 days agoTrustindex verifies that the original source of the review is Google.
Clever and efficient.Posted on Google
Kenny Perlow37 days agoTrustindex 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.Posted on Google
Aliza Ali101 days agoTrustindex 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.Posted on Google
Jana Montero104 days agoTrustindex 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!Posted on Google
Mike Sakmann110 days agoTrustindex 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.Posted on Google
Liz Hecker116 days agoTrustindex 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.Posted on Google
Brandy Miller139 days agoTrustindex 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 herPosted on Google
Mike Greenspan152 days agoTrustindex 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.Posted on Google
Jonathan Sampson159 days agoTrustindex 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 recommendPosted on Google
Vinnie Kung162 days agoTrustindex 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!