Seeking Justice for Wrongful Death: Our Personal Injury Lawyers Are Here to Help
Wrongful death occurs when someone is killed because of someone else’s carelessness or harmful actions. While a criminal prosecution may be associated with the death, a wrongful death lawsuit is a separate civil action distinct from any criminal charges.
Our lawyers are committed to advocating for families seeking complete compensation after losing a loved one because of negligence or wrongful actions of another.
These claims encompass the following:
- Deaths arising from motor vehicle accidents
- Medical negligence
- On-the-job incidents
- Daycare abuse and neglect
- Bicycle accidents
- Railroad accidents
- Nursing home abuse and neglect
- Deaths caused by hazardous products
- And much more
Can You File a Wrongful Death Claim?
In the event of losing a loved one, it’s essential to understand when a wrongful death claim is suitable and who can bring forth a claim in our state.
A wrongful death lawsuit is appropriate when the defendant’s negligence directly caused the decedent’s death, and the decedent would have been entitled to pursue a personal injury claim against the defendant if death had not occurred.
The representative of the decedent initiates the wrongful death claim. It aims to establish the defendant’s negligence and causation to secure financial compensation for the present and future losses endured by the decedent’s surviving family members.
What is Negligence in a Wrongful Death Suit?
Negligence, which denotes the failure to exercise reasonable care, can encompass various actions. For instance, acts of negligence may include:
- Failing to install a fence around a pool resulting in a child’s drowning
- Neglecting to provide adequate warnings about the risks associated with using a product leads to the development of cancer
- Operating a vehicle under the influence of alcohol or drugs, leading to a fatal crash
- Neglecting to conduct background checks on hotel employees, resulting in a fatal assault
- Failing to address hazardous conditions on a property, leading to a fatal slip and fall accident
- Not manufacturing safe vehicles or recalling defective ones resulting in crashes
What Types of Damages Can You Recover?
In a wrongful death claim, various types of damages can be pursued, including:
- Medical expenses due to the accident or injury before death
- Funeral and burial costs
- The value of the deceased’s lost wages and benefits, including future income
- The value of household services lost, such as child care, as a result of the death
- The value of the loss of companionship and guidance provided by the decedent
However, punitive damages are not allowed in wrongful death cases intended to punish the defendant for their actions.
Do You Need Representation for a Wrongful Death Claim?
Our team is experienced and knowledgeable regarding wrongful death cases in New Jersey and New York. Contact us today to book your consultation and get the compensation you and your family deserve.