When Can You File a Wrongful Death Claim?
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. While the party injured in the accident is now deceased, their family, or their estate may still seek to have the responsible party pay just compensation for the loss suffered.
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. In most cases, they will throw out any claims that are filed after this timeline.
How a Wrongful Death Lawyer Can Help Your Claim
Navigating a wrongful death claim can be complicated and overwhelming. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, will help you evaluate whether pursing a claim is in your family’s best interest. A wrongful death claim will take an additional toll on all involved and we can help you navigate the process to assure an equitable result.
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. Our responsibility will be to communicate with the responsible party or their counsel, to navigate the wrongful death claim and assist you all throughout the process.
The loss of a precious life cannot be reclaimed through a personal injury action, but there are harms caused, emotional and economic, that deserve to be compensated, so that those dealing with the trauma of a loss may move forward.
Contact a Woodbridge Personal Injury Lawyer to Discuss Your Wrongful Death Case in New Jersey
Did you or a 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 respond. 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 injured because of a wrongful death in Irvington, Woodbridge, Clifton, Wayne, and throughout New Jersey. Call (908) 325-5571 or email us 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.