When someone gets hurt due to someone else’s intentional or unintentional negligence, recklessness, or intentional behavior a personal injury claim may help the victim recover financial losses related to that harm. If you’ve lost a loved one due to another’s actions or inactions, you may be wondering if there is a similar legal remedy designed to hold the responsible party/parties accountable. In this situation, a wrongful death lawsuit may help the family of the deceased to obtain compensation for their loved one’s death.
Know that if you’ve lost a loved one due to an accident, you likely have significant legal options available to you. Please connect with a personal injury lawyer Trenton, NJ residents trust as soon as you can. You’re under no pressure to pursue legal action of any kind. However, the experienced New Jersey injury lawyer team at Davis & Brusca wants to help you ensure that your legal rights are protected and your options are preserved while you work to determine the best course of action for you and your family at this time.
What Qualifies as a Wrongful Death?
The death of a loved one can result in shockwaves that reverberate for years. When that death could have been avoidable or prevented, it can make the healing process even more stressful than it might otherwise be. Know that when negligence, recklessness, or intentional action/inaction causes the death of another, the estate or family may seek compensation from the responsible party or parties. Filing a wrongful death suit can’t make up, in any significant way, for the loss a family has suffered. However, it can ease financial burdens and bring some measure of closure to those struggling with the preventable nature of the death in question. Our New Jersey injury lawyer team can help to clarify how this process works and answer any questions you may have about your options.
What Must a Plaintiff Demonstrate to Prove a Defendant Negligent?
Like personal injury lawsuits, wrongful death actions are filed against those who, due to their failure to uphold their legal duty to the victim, caused them harm. The defendant must have exercised an intentional, reckless or negligent behavior contrary to what a reasonable person in that same situation would have done.
If the defendant is found responsible, the court may award damages on behalf of the deceased. The type of things considered by the court in making the award include the loss of earning potential of the victim, the pain and suffering they went through before their death and a loss of consortium. Our New Jersey injury lawyer can also clarify what kinds of damages your family can potentially be awarded as a result of your loss. Speaking with us does not obligate you to take any legal action. We simply want to ensure that your decisions are informed. We look forward to learning about your loved one and to being of assistance to your family at this time.