Placing blame for a family member or loved one's sudden death may be easy, but sometimes, accidents happen. If you can show that their death might have been prevented, you might be able to sue the person or business at fault for wrongful death in New Jersey.
It might be challenging to know if you have a solid case or not, but speaking with an experienced lawyer can be helpful.
The team of NJ wrongful death lawyers at Brandon J. Broderick, Attorney at Law can help you manage your case and explore your legal options.
Types of Wrongful Death Cases
Remember the phrase: "wrongful act, negligence, or default". Two different legal proceedings can be categorized as wrongful death cases. If a person's death was caused by someone else's "wrongful act, negligence, default, or breach of contract or warranty," then a typical wrongful death claim may be filed. In contrast, a survival action is a lawsuit brought by the surviving family members of a person who has passed away. The first action is generally the type of legal action taken more often.
Therefore, under New Jersey law, the surviving members of a deceased victim's family are typically eligible to file a lawsuit if a family member passes away in an accident and there is evidence that the accident was caused directly by that person's negligence or a business' negligence.
Those family members will be awarded damages if their lawsuit is successful, even though the personal representative of the estate is tasked with filing it.
Damages To Recover
It's important to remember that while you may have the legal right to sue, doing so isn't always that simple. If there are no other witnesses, it may be challenging to prove a defendant's negligence. There may be more than one defendant who may share liability as well. Additionally, figuring out what damages to seek isn't always clear. This is where an experienced lawyer can assist you or the surviving family members in a wrongful death case.
You could potentially recover the following from a wrongful death case:
- "Lost support and services" from the date of the decedent's death onward;
- Loss of companionship and protection by the surviving spouse;
- The right of all relatives, including those who were dependent on them for support and services, to recover damages for mental suffering;
- And any other cause of action the court deems appropriate.
In addition to the actual costs like medical and funeral costs, which may also be recoverable, there are also intangible damages. You have the right to sue for these damages.
Speak with a Wrongful Death Lawyer in New Jersey
Although no amount of money can ever make up for the person you have lost, providing your family with some closure and security goes a long way.
A New Jersey wrongful death lawyer from Brandon J. Broderick, Attorney at Law can help if you want to pursue compensation for the loss of a loved one who was killed as a result of someone else's negligence. We have handled numerous cases like this in New Jersey and are prepared to assist you with yours.
Call our office right away to schedule a free consultation.