When a cherished individual passes away due to something another person or company has done, the grief and devastation can be insurmountable for the remaining family. A person taken too soon 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. There is no amount of money that can bring back the deceased. However, the surviving family can bring justice through a lawsuit with the help of our skilled firm, Davis & Brusca, LLC
Here in this article, we have covered more information about common wrongful death scenarios, how wrongful death laws vary by state, qualities to look for in a potential Trenton, NJ wrongful death lawyer, and why legal assistance can help you seek retribution for your immeasurable loss.
What exactly is the definition of wrongful death?
Wrongful death is a term used when a person has died due to the negligence or recklessness of another party. There are many situations in which wrongful death can occur. The most common ways wrongful death happens can include the following scenarios:
Do wrongful death laws vary by state?
Yes, every state has a set of laws surrounding wrongful death cases, that designates which loved ones of the deceased can file a lawsuit and what is considered compensable losses, among other details. The elemental actions which contributed to the wrongful death can include:
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 pain and emotions. It is reasonable for a loved one to wait some time before delving into legalities. In general, a loved one has two years to file a lawsuit for wrongful death. However, waiting too long may be giving the party at-fault enough time to destroy evidence, minimize responsibility, or otherwise eliminate connection to the death. Examples of parties that may try to cover up the incident can include insurance companies, government entities, and even doctors or hospitals.
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. An experienced wrongful death lawyer Trenton, NJ relies on is 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:
What a Wrongful Death Lawyer in Trenton, NJ Will Help You Prove:
When the plaintiff is proving that the defendant killed the victim, the burden of proof is on the plaintiff to show that if the victim had survived, they could have successfully filed for a personal injury claim against the defendant. If the plaintiff was arguing for a negligent death, they would need to prove that:
This is what the plaintiff must prove and this is precisely what they are trying to recover damages for.
What Damages Can a Wrongful Death Lawyer in Trenton, NJ Help You Recover?
There are certain damages that the deceased’s loved one can recover, including:
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.