Nothing is more tragic than losing a loved one in an accident caused by someone else’s carelessness or recklessness. Your family will need time to accept the loss. While you grieve, we can help with the legal matters.
Family members whose loved one dies through the fault of another person may be entitled to file a claim based on negligence. If your loved one had lived and could have prevailed in a personal injury suit, you could pick up those reins and file in their stead. A Woodbridge wrongful death lawyer understands your emotional losses may extend into financial ones, and the at-fault party should be held responsible. Reach out to our team of compassionate personal injury attorneys to learn more.
Wrongful Death Laws in New Jersey
Wrongful death by law is any death caused by someone else, whether it is intentional or through a negligent act. If the death is intentional, such as if a robber shoots their victim, the criminal and civil acts are prosecuted separately. Even if the jury does not find the defendant guilty of a crime, the family of the deceased can still sue for wrongful death.
Besides criminal acts, examples of wrongful deaths that result from negligence include but are not limited to:
- Fatal birth injuries
- Being killed by a drunk driver
- Sepsis from a neglected infection in a nursing home
- Deaths resulting from medical negligence, including surgical errors and an incorrect or delayed diagnosis
- Accidental death from premises liability issues such as negligent security or unsafe living conditions
- Fatal harm from a defective product or dangerous drug
Regardless of the cause, wrongful death cases often involve multiple defendants. For example, in the case of a fatal accident with a drunk driver, the intoxicated motorist is responsible. However, a bartender who knowingly over-served the visibly intoxicated driver could also be held liable for the wreck. Our skilled Woodbridge wrongful death attorneys can discuss the circumstances surrounding a loved one’s untimely passing to determine who could be held at fault.
Who Can File a Wrongful Death Claim?
Not just anyone who knew the decedent and feels the sorrow of loss can file a wrongful death lawsuit. Plaintiffs must be ‘real parties in interest’ according to the law. Although the decedent’s executor or the person named administrator of their estate usually files wrongful death actions to benefit all real parties in interest, others who can bring forward legal action include the decedent’s spouse, children, grandchildren, parent, siblings, and anyone who can prove the decedent supported them financially. Our trusted Woodbridge attorneys can help determine whether a family member has legal standing to bring forward a wrongful death claim.
Available Damages in an Accidental Death Case
Damages awarded in wrongful death lawsuits are not allocated equally to each party with a legal interest. If a spouse or children are living, they are entitled to the entire compensation awarded. Parents can only prevail if no spouse or children survive the decedent, and siblings, nieces, and nephews can only claim funds if the parents are also deceased.
Damages are meant to replace what the decedent provided but, of course, can never replace the family’s loved one. Compensation includes wages the decedent would have contributed to the family’s stability as well as reimbursement for medical bills, funeral expenses, and more subjective damages such as the loss of the loved one’s companionship. Our team can explain the types of compensation a family member might expect in a specific situation.
Let a Woodbridge Wrongful Death Attorney Be Your Advocate
Our team at Fredson Stamore Bitterman, LLC understands the devastating impact of losing a loved one because someone else was careless. While compensation will never replace what you have lost, we can hold the at-fault party accountable so your future is not plagued by financial woes.
Let us analyze the evidence, interview witnesses, locate security footage, and accurately determine how much compensation is fair in your case. We are tenacious enough to get results most people think are reserved for the largest law firms. Contact a Woodbridge wrongful death lawyer today to learn more about how we can help you.