After the wrongful death of a loved one, you and your family may choose to explore legal options. In New Jersey, family members can sue the responsible party in a wrongful death case within two years of a victim’s death. To receive justice for the death of your loved one, enlist the help of the wrongful death attorneys of Legal Care New Jersey.
If you have recently experienced the loss of a loved one, you may be able to sue for damages. In New Jersey, a wrongful death lawsuit can be filed by a select group of a person’s family following a victim’s death. When someone you love has been wrongfully killed, holding the negligent party accountable can offer some comfort and resolution. Hiring an empathetic and determined team of attorneys can help ease the legal process for you and your family.
The experienced lawyers at Legal Care New Jersey understand how difficult it can be to file a wrongful death lawsuit in the wake of losing a loved one. For a free consultation, reach out to the compassionate New Jersey wrongful death attorneys at Legal Care New Jersey today at (732) 838-9769.
Family Members that Can File a Wrongful Death Lawsuit in New Jersey
In wrongful death cases, certain members of a victim’s family can file a claim. In New Jersey, the administrator of the victim’s estate can bring the claim to benefit the spouse, child, parent, sibling, or adult dependent. Nieces and nephews of a victim can benefit as well in some cases. Most family members can sue the negligent party for the wrongful death of a loved one in the state of New Jersey if they would benefit under the victim’s will.
When you file a wrongful death lawsuit, you do so in the place of your loved one. These civil cases are not just brought to ease the potential financial burden that can arise when a family member is wrongfully killed. They also exist so that your loved one can receive a form of justice following their passing.
Wrongful death lawsuits can offer comfort to grieving families and seek to hold the negligent party accountable. For instance, pursuing this type of claim can help prevent companies from continuing to distribute defective products that injure or kill consumers. It can also help make negligent businesses enforce safety precautions.
Filing a wrongful death suit can bring a form of closure to family members mourning the loss of a loved one. The potential settlement can ease concern about finances and help your family process the victim’s death. If you or your family want to file a wrongful death suit to seek justice for the death of a loved one, reach out to the compassionate New Jersey wrongful death attorneys at Legal Care New Jersey today.
Evidence in a Wrongful Death Lawsuit in New Jersey
When an attorney builds a wrongful death case, there is a burden of proof they must reach. First, a lawyer must prove that the defendant owed a duty to your loved one. Second, they must show that the defendant breached that duty. Third, a wrongful death attorney needs to show that the defendant’s wrongful actions in fact caused the death. And fourth, they must prove what damages resulted.
Proving duty means that your lawyer must show that the defendant was legally required to do something to avoid harming your loved one. For example, if your family member was killed because of a defective product the defendant manufactured, your lawyer should explain that the defendant would have had a duty to ensure that their product would not become defective and to warn of potential risks of using that product.
Breach of that duty occurs when a defendant fails to uphold that duty through negligence. In a wrongful death case, a defendant can be negligent in many ways. For example, if a drunk driver killed your loved one, you may be able to file a wrongful death claim because driving drunk is a breach of their duty to follow New Jersey DWI laws. During a lawsuit, your attorney should explain when and how the breach of duty happened.
In wrongful death cases, the damages sustained primarily include the loss of your loved one. There are also other damages you can claim, such as the grief you and your family face from the loss. An experienced New Jersey wrongful death lawyer can help prove that the defendant’s negligence directly caused these damages and how much these damages are worth.
Damages in a Wrongful Death Lawsuit in New Jersey
At the end of your wrongful death lawsuit, you may receive a settlement or get damages awarded by a judge and jury. These funds can help ease the financial burden that often accompanies the loss of a loved one. However, the final decision means more than money; it is an acknowledgment on behalf of the defendant or a court that the death of your family member was wrongful and preventable.
Damages can be calculated based upon several factors. The economic family’s economic dependence on the victim may play a part in deciding the cost of damages for things like lost wages and lost support. Once decided, your family can be compensated for the deceased’s medical costs and for your loved one’s funeral costs.
You may also receive damages to cover the death itself. Although no amount of money can ease the loss of a loved one, a settlement can also help your family move forward.
Call Our Compassionate Attorneys to File a Wrongful Death Lawsuit
To seek justice for a deceased loved one, hire an experienced lawyer. Our New Jersey wrongful death attorneys at Legal Care can support your family and help hold defendants accountable. For a free consultation, call (732) 838-9769.