It is always heartbreaking and challenging to lose a loved one or close family member. The emotion of despair can be even more intense when the loss is caused by another individual's recklessness.
You are entitled to seek legal representation if you believe you have a wrongful death case, such as when an accident or another person's negligence led to the death of a family member.
For a free initial consultation, call NJ Injury Guys now. Our team can explain the legal process and answer any questions you might have. We can guide you on the path to justice; do not go it alone without the help of our personal injury attorneys.
Those responsible for causing, prolonging, or failing to prevent the death of someone else may be held accountable in civil lawsuits against negligent parties. Whether due to medical malpractice, professional negligence, or something else, wrongful deaths can result in financial compensation being awarded to surviving family members and dependents.
Wrongful death incidents can occur in a range of circumstances, including auto accidents (cars, trucks, buses, motorcycles, and more), medical malpractice, slip-and-fall injuries, defective products, violent crimes, etc. It is not always the case that a wrongful death lawsuit will succeed just because a death has occurred.
The pursuit of wrongful death compensation can be a difficult process, but it is not impossible. In fact, more and more wrongful death lawsuits are filed each year, and more and more compensation is awarded to victims' families. Our New Jersey wrongful death lawyers are here to help you take the necessary steps to help those whose lives were lost because of negligence.
The United States treats wrongful death as a civil matter, meaning anyone can be sued for the death of another person. A common example of a negligent party would be a person involved in an accident or a business that sold or manufactured dangerous or deadly products.
A wrongful death claim has different rules in every state, and not all states enforce the same guidelines. Certain states offer separate courts and forms for wrongful death claims while others treat them as part of well-established legislation.
This is exactly why choosing a wrongful death lawyer near you is crucial to your case. Local laws can vary considerably, and even if you find a prominent law firm to handle your case, the outcome of your lawsuit may not be optimal if they do not know the local legislation and case law.
Your legal team will need to collect evidence and write an initial demand letter before your wrongful death lawyer files a formal lawsuit. With this letter, you indicate that you intend to receive compensation for your damages. Also included in the letter is a possible settlement amount that may be paid in order to avoid the need for court action.
Typically, the defendant, or person considered responsible for the death, will have his or her own attorneys review the letter and make a judgment on whether or not to proceed. Assuming that both parties decide to negotiate, then both will meet and work hard to come up with a settlement agreement.
In the event that a settlement agreement cannot be reached, a wrongful death suit will likely be filed with the appropriate court by your attorney and their team.
Two forms of evidence are often necessary to establish wrongful death if the case goes to trial. The first is testimony provided by experts, such as accident reconstructionists, who examine evidence and determine how the death occurred. There is also direct evidence, such as testimonies of those involved in the accident or of those who witnessed it.
A decision will be made by the court on whether or not the plaintiff is entitled to compensation after all legal proceedings are complete. As long as the defendant is proved to be at fault or negligent, they can be compensated for their damages.
In wrongful death cases, a court determines how much compensation can be awarded. You can claim damages for lost wages, medical bills, and other expenses as a result of the death.
A wrongful death case in New Jersey does not have a prefixed formula for calculating economic damages. Evidence will be heard from the claimant and any experts consulted for either party before the court determines damages.
Your chance of being compensated for a wrongful death claim depends primarily on the specific facts of the case. You can ask your lawyer about factors that may help you achieve the maximum compensation possible, even though there is no way to predict the value of a wrongful death lawsuit before it goes to court.
It's important to note that in New Jersey, no compensation maximums exist for wrongful death cases. In comparison, other states possess hard caps for how much can be awarded in non-economic damages.
Yet, in New Jersey, there is a statute of limitations regarding how long after the incident a wrongful death lawsuit may be filed. In most cases, this limit is two years from the date of the death.
People often need the help of a wrongful death lawyer since wrongful death lawsuits are complicated and involved. When you have lost someone close to you, a wrongful death lawsuit can be emotionally intense, making it difficult for you to understand how to move forward.
Before making such an important decision, it cannot hurt to obtain more information. We provide free legal consultations for those seeking information about making the best decisions for themselves and their families.