Seeking Recourse For Loss with a Wrongful Death Lawyer Trenton, NJ Trusts

When a cherished individual passes away due to the negligence of another person or a company, the family members endure insurmountable grief and personal devastation.  Losing anyone in these circumstances can cause immense anger, confusion, disbelief and agony. In this midst of all this, it is not uncommon for surviving family members to consider filing a lawsuit against the party at-fault. For many, seeking recourse for the loss of their loved one can assist in the healing process. Certainly, no amount of money can bring back the deceased or truly fill the void caused by their loss. However, the surviving family can seek some measure of justice and closure by pursuing a lawsuit with the help of the skilled lawyers at Davis & Brusca, LLC

In this article, we have attempted to provide information about some common wrongful death scenarios, how wrongful death laws vary by state, some of the qualities to look for in a NJ wrongful death lawyer, and why legal assistance can help you process your immeasurable loss.

What is the definition of wrongful death?

The term “wrongful death” is used to describe a scenario in which a person has died due to the negligence or recklessness of another party. There are many situations in which a “wrongful death” can occur. Some of the most common ways include the following scenarios:

• Car accidents (reckless driving, automobile defects, driving under influence)
• Truck accidents (mechanical defects, oversize load, adverse weather conditions)
• Medical malpractice (failure to diagnose illness, surgical errors, prescription errors)
• Workplace accidents (asbestos exposure and mesothelioma, manufacturing errors)
• Defective products (products, vehicles)
• Construction site accidents (falling from heights, faulty scaffolding)

Do wrongful death laws vary by state?

Yes, wrongful death laws vary from state to state and are governed by a set of laws which address which family members can file a lawsuit or be compensated, and addressing the nature and type of damages which are eligible for compensation. The type of actions which typically contribute to a claim for wrongful death include:

• Careless or negligent behavior
• Manufacturing of a defective product
• A reckless or grossly negligent act
• An intentional act from an individual or party

When should a loved one consult with a wrongful death attorney in Trenton, NJ?

It is never too soon to talk to a Trenton wrongful death lawyer after such a horrific accident. The one thing to keep in mind is that the legal process is likely to bring up substantial emotional pain. It is reasonable for a loved one to wait some time before delving into legalities.  However, if one elects to wait, they must be careful.  While a person generally has two (2) years to file a lawsuit for wrongful death in New Jersey, they may need to take action in as little as ninety (90) days if a governmental employee or entity is involved or otherwise implicated.   Further, waiting to see a wrongful death lawyer may cause evidence to be lost or destroyed, and may provide the at-fault party time to develop arguments which minimize the appearance of their responsibility.

What qualities should someone look for in an attorney?

Due to how delicate and sensitive a wrongful death case can be, a person should seek an attorney that is both supportive and strategic. The experienced wrongful death lawyer Trenton, NJ relies on at Davis & Brusca are more likely to understand the ins and outs of this very emotionally-charged type of lawsuit.

How Do Wrongful Death Suits Work?

You may be asking yourself: What is the purpose of a wrongful death lawsuit and how do you know when it is appropriate to file this type of lawsuit using a Trenton, NJ wrongful death lawyer?

Typically, the deceased’s loved one files a wrongful death suit against a defendant who caused their loved one’s death. They could have caused the death either through intentionally harming the victim or through negligence. The defendant is the one who is legally held liable for the deceased’s death.

While the death of a loved one is a traumatizing experience and it is even harder to go through filing a claim, this kind of claim can bring a great deal of closure to the deceased’s living relatives. Hiring a wrongful death lawyer in Trenton, New Jersey to help with your wrongful death claim can also relieve much of your legal burden as well. Below, you will find more information on the circumstances surrounding filing this type of claim, what one needs to prove to have a successful claim, and the types of damages that loved ones can recover.

When Is It Appropriate To File a Wrongful Death Suit?

There are certain circumstances that must be true to file this kind of claim. Typically, if the deceased person would have filed a personal injury claim against the defendant had they survived, this would be the appropriate set of circumstances for filing a wrongful death claim. A few examples are:

• Negligence. If the defendant was driving negligently (such as speeding, or texting while driving) and they ran into the deceased causing fatal injuries.
• Intentional Killing. If the defendant intentionally set out to harm and kill the victim, and succeeded.
• Medical Malpractice. If the defendant was taking care of the deceased through a medical relationship and the doctor performed caused the death, such as with an incorrect surgical procedure or failure to timely provide the correct diagnosis.

What a Wrongful Death Lawyer in Trenton, NJ May Do to Help You Prove:

The burden of proof is on the plaintiff to prove that the defendant acted negligently, that the negligence claimed caused the accident and the resulting injury, and to establish all of the damages claimed to flow from the death.  These “elements” of the wrongful death claim include showing:

1. The defendant owed the victim some sort of duty of care. For example, if they were both driving when the accident occurred, then the defendant owed everyone else on the road the same duty of care to drive safely.
2. The defendant then breached this duty of care. Using the example of a car accident, the defendant breached the duty of care by driving distracted.
3. Finally, the breach of duty directly caused the victim’s death and any other damages claimed.

What Damages Can a Wrongful Death Lawyer in Trenton, NJ Help You Recover?

Damages recoverable for wrongful death vary from state to state.  At the time of this writing, New Jersey has a fairly restrictive wrongful death act, though there is hope that this may chance in teh future.  At present, the following are examples of damages that the deceased’s loved one can recover in New Jersey:

• The monetary value of the support, care, comfort, guidance and companionship to the surviving heirs
• Funeral costs
• Medical costs that the deceased had due to their injuries before death
• Compensation for any conscious pain and suffering endured prior to death (also known as a “survivorship” claim)

These are only a few examples of the damages the victim’s loved ones can recover. If you have any additional questions on how to properly file a wrongful death claim, or if you wish to speak with Trenton, NJ wrongful death lawyer about filing a death claim, please call the office of Davis & Brusca today.