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How does a Wrongful Death Lawsuit Work?

  • Nov 15, 2016
  • 2 min read

When someone is injured in an accident that was someone else’s fault, they have the right to seek compensation for their injury-related losses from the party that caused the accident. However, what happens when the accident victim does not survive? Families who have lost a loved one in a sudden accident or because of the misconduct of others have the right under New Jersey law to file a claim for wrongful death against the responsible party. The following is some additional information about wrongful death lawsuits in NJ. Common Causes of Wrongful Death Wrongful death can happen in a number of ways, and some of the more common include the following:

  • Medical malpractice

  • Dangerous pharmaceuticals or medical equipment

  • Motor vehicle accidents

  • Pedestrian or bicycle accidents

  • Falls

  • Defective products

  • Workplace accidents

  • Dangerous hazards on property

  • Assaults and intentional killings

What Constitutes Wrongful Death?

A death is considered to be wrongful if it is caused by the negligence or intentional acts of another person or party. In order to prove negligence, you must prove the following:

  • The party owed a duty of care to your deceased loved one;

  • The party breached that duty of care;

  • The breach caused the injuries that led to the death.

Because wrongful death lawsuits involve complex legal principles that must be addressed in order to be successful, it is imperative to seek assistance from an experienced wrongful death lawyer.

Recovery in Wrongful Death Lawsuits

Families experience devastating losses when a spouse, child, or parent unexpectedly dies. While the total loss you feel may be immeasurable, the following are the specific losses for which you can seek financial recovery from the liable party:

  • Medical costs stemming from the fatal injuries or illness

  • Funeral and burial costs

  • Loss of the financial contributions of the deceased

  • Loss of household services that would have been contributed by the deceased

  • Loss of care, companionship, comfort, and guidance

Call 973-426-0021 today for a free consultation.

If your loved one died due to someone’s negligent or intentional actions, you need an experienced wrongful death attorney to evaluate your case as soon as possible. There are time limits for filing wrongful death claims, so you should not delay in discussing your rights to compensation for your losses. David H. Kaplan Attorney at Law is a dedicated New Jersey lawyer who protects the rights of families who have suffered a devastating loss. Please contact our office to learn more today.

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