What is Wrongful Death?
This is a type of claim that can be filed when an individual dies as a result of injuries caused by the negligence of another party. These injuries may have been caused in an accident, by the use of poorly designed products or in cases where companies or individuals fail to meet their standards of care.
A wrongful death claim can be filed to recover compensation from the party responsible for the injuries that caused the death of a loved one. In these claims, the intent of the at-fault party has no bearing on the outcome of the case. The main factor considered by the court is the legal result of their actions (or lack thereof). Ill will or bad intentions are not a requirement for declaring conduct as negligent.
The only thing that must be proved is the failure of the at-fault party to exercise reasonable care and how this resulted in injury and death to the victim.
When negligence is involved, there is no true accident.
The death could have been avoided if the at-fault party had exercised reasonable care.
The new jersey wrongful death attorneys will help to ensure that the at-fault parties take responsibility for their actions and pay for the damages caused.
Common Wrongful Death Lawsuits
Wrongful death can arise from a variety of situations. Some of the most common cases our new jersey wrongful death lawyers handle include:
The actions of other road users can result in car accidents with serious consequences. Drivers that engage in dangerous or negligent practices such as distracted driving, driving under the influence of alcohol or driving recklessly can cause accidents that result in death. Your lawyers have extensive experience representing clients whose loved ones suffered fatal injuries resulting from the negligence of another driver. They will fight to recover compensation for the death of your loved one.
We trust medical professionals with our lives. We expect them to follow standard protocols and provide an acceptable standard of care. When a medical professional is negligent, the consequences can be fatal for the patient. Your lawyers will fight to recover compensation from the health care provider for medical malpractice that has resulted in the death of your loved one.
Manufacturers have a duty of care to consumers of their products.We trust manufacturers to provide us with products that are safe for use. Negligence in the design, production or distribution of a product can have fatal consequences e.g. defective products, defective drugs or medical products. We will pursue compensation on your behalf.
Nursing home abuse
When an elderly loved one requires more specialized care than we can provide, an assisted living facility may be a great option. We trust these facilities to provide our loved ones with the care that we cannot offer ourselves. It can be devastating to discover that your loved one’s death is the result of nursing home abuse.
The wrongful death attorneys are experienced at seeking compensation for wrongful death resulting from nursing home abuse. These include failure to meet the basic needs of a resident, insufficient medical care, physical abuse and much more.
People go to work with the trust that they will return home to their families at the end of their shift. However, this isn’t always the case. Workplace injuries can result in death. Your lawyers will fight to recover compensation for a workplace injury that resulted in the death of your loved one.
Slip and fall accidents
These often sound like minor incidents. However, they can result in serious injuries. Common injuries resulting from slip and fall accidents such as traumatic brain injuries can prove fatal. Your lawyers will help you recover compensation from the property owner if their negligent actions resulted in the accident that resulted in the fatal injuries to your loved one.
Filing a Wrongful Death Lawsuit in new jersey
Wrongful death claims in New new jersey are categorized as civil lawsuits. Your lawyers will, therefore, file your lawsuit in civil court. A wrongful death lawsuit may be filed even when a criminal case for the same accident has been filed.
Because the victim of the personal injury is not available to file the lawsuit, a representative must file it on their behalf. Liability in these cases is only defined by monetary damages. If they are found liable the defendant will be ordered to pay for the death of the deceased.
These proceedings, however, will not result in the imprisonment of the defendant.
Wrongful death lawsuits in New new jersey may be filed by a surviving member of the deceased’s family. This person is typically a personal representative or the executor of the deceased’s estate. However, the compensation recovered from the lawsuit will be distributed only to the family members that were dependents of the deceased at the time of death. Those who are entitled to inherit from the deceased under the inheritance laws of New new jersey may also receive a portion of the compensation.
Those eligible to receive compensation from a wrongful death lawsuit include:
- The surviving spouse
- The surviving children or grandchildren
- The deceased’s parents
- The deceased’s siblings, nephews, and nieces
- Anyone else that can demonstrate that they were dependent on the deceased at the time of their death.
What Damages Will My new jersey Wrongful Death Attorney Fight for?
The damages for a wrongful death lawsuit are awarded the intention of compensating the surviving family for the losses resulting from the death of their loved one.
These damages include:
These include expenses such as health care expenses to treat the injuries that led to the death of the loved one and funeral expenses. Economic damages may also include compensation for losses such as lost earnings or financial support and property losses. It is easy to attach a specific number to these damages.
These include damages such as loss of care, support, consortium, and guidance. These damages are more difficult to attach a figure to. They can be awarded even if the deceased did not have an income at the time of their death. They are awarded for the valuable comfort and care that the deceased provided their loved ones.
If there is evidence of gross negligence or malice in the actions or lack of actions of the at-fault party, our new jersey wrongful death attorneys will file for punitive damages. These are intended as a punishment to the wrongdoer. They also serve to deter similar acts in the future.
Contact a new jersey wrongful death lawyer. They provide a free case evaluation. They will determine what damages you can pursue and fight to recover the compensation that is rightly yours.
Statute of Limitations for Wrongful Death in New new jersey
There is a time limit within which a wrongful death claim must be filed in New new jersey. Wrongful death lawsuits must be filed within two years of the death of your loved one. You will otherwise be banned from court entirely.
It is therefore important to contact a new jersey wrongful death lawyer as soon as possible after the death of your loved one. This will give your lawyers time to not only evaluate your case but also carry out investigations and gather the evidence required to build a strong case prior to filing the lawsuit.
They will ensure that you are in compliance with the time limit.
Contact a new jersey Personal Injury Attorney
Get in touch with an nj injury attorney. The lawyers are committed to providing compassionate legal representation to bereaved families. You will gain access to free legal representation by highly-skilled, experienced, and knowledgeable attorney’s from Rosengard Law Group.