What is a Wrongful Death Lawsuit?
A wrongful death lawsuit may be filed when an act of negligence leads to a loss of life. The wrongful death lawsuit is often filed by the family of the deceased in an attempt to recover their loss of income or the pain and suffering that both the deceased and their family had to deal with.
Filing an Edison Wrongful Death Claim
A wrongful death claim is a type of personal injury case. Just because the injured party lost their life, it does not mean that the responsible party should get to walk away without paying for it.
Important Elements of a Wrongful Death Claim
In order to be eligible for a wrongful death claim, you must meet the following elements:
- Four elements of personal injury: The responsible party must have held a legal duty of care, breached that duty through negligence, been the direct cause of the accident, and those actions must have led to actual damages.
- Negligence caused the death: In a wrongful death claim, the negligence of the responsible person must have been the cause of death.
- A death occurred: The case must involve a death. If the person was injured without death, then they would file a personal injury case instead.
- The plaintiff must have suffered: In order for a family member to file a wrongful death case, they must be able to demonstrate that they suffered in one way or another. This could be financially or emotionally. The plaintiff must also be related to the deceased in a way that is approved by New Jersey law.
- Actual damages: Determining the amount of damages available in a wrongful death claim can be complex. It can be useful to discuss your case with a wrongful death lawyer to determine what damages are available and which are not.
- Within the statute of limitations: New Jersey limits wrongful death claims to just two years after the date of the death. If you miss the two year filing deadline, you may be legally prevented from filing a lawsuit.
How a Wrongful Death Lawyer Can Help Your Claim
Navigating a wrongful death claim can be complicated and overwhelming. The time surrounding your loved one’s passing should be spent with your family and dealing with your loss. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, strive to assist you through this difficult time, by assisting you through each step of the process and guiding you during this overwhelming process.
If you lost a loved one due to another person’s negligence, then you may be eligible to collect compensation for medical costs, debt, lost wages, household costs, loss of consortium, pain and suffering, and any other damages that are related to the case. We will help you communicate with the other lawyers and navigate your way through the wrongful death claim.
A wrongful death claim will never be a substitute for the loss you have suffered, but it can help you deal with the consequences. The responsible person should cover the costs, both economic and non-economic.
Contact a Woodbridge Personal Injury Lawyer to Discuss Your Wrongful Death Case in New Jersey
Did your loved one sustain serious injuries that led to wrongful death in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC represent clients in Irvington, Woodbridge, Clifton, Wayne, and throughout New Jersey. Call (908) 325-5571 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1827 East Second Street, Scotch Plains, NJ, 07076, as well as offices in Westfield, Newark, East Brunswick, Clifton, Cherry Hill, and Elizabeth.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.