When you lose a loved one due to the negligence or fault of someone else, a wrongful death lawyer can help you claim compensation.
Each state has distinct laws governing lawsuits in the civil courts, especially those related to wrongful deaths. The State Legislature in New Jersey passed the Wrongful Death Act, which defined this as death that is caused due to omission or wrongful negligence of another person. Owing to such a death, the victim and his or her family face pecuniary losses. The statute allows a claim to be filed within two years from the death of the loved one.
The New Jersey State Legislature passed measures to expand the damages in wrongful death cases in 2008 to include “mental anguish, emotional pain, and suffering, loss of society and loss of companionship” along with compensation for pecuniary loss (hospital bills till the time of death, among other expenses). For example, a suit can be filed with the help of a wrongful death attorney in Los Angeles. So, compensation for the losses incurred can be recovered.
When Will Such a Case be considered?
A valid claim on the part of the plaintiff will be one where the victim was not at fault. So, clear evidence will lead to the fact that negligence was on the part of a third party, rather than the victim.
The most common causes of wrongful death in New Jersey are medical malpractice and car accidents. For instance, drunken driving, or a physician prescribing a wrong treatment plan could be considered, as these are clear evidence of neglect. And, your wrongful death attorney will be able to build a solid case.
However, even simple cases with a straight evidence trajectory can be difficult to prove, when the suit is filed late. This is because the court and the jury will assume reasonable doubt on the plaintiffs’ part as well. Understandably, a suit might be difficult to deal with when you are grief-stricken. However, a skilled wrongful death attorney will ensure that the suit process is smooth.
Why Appoint a Lawyer?
A wrongful death attorney will ensure that all the legal intricacies are taken care of. Apart from dealing with the parties at fault, the lawyers will also handle the insurance companies. What will otherwise be a tough experience; can be made easy by wrongful death attorneys. They will also be able to guide you to reach a reasonable settlement after weighing your total losses.
To build a strong case, certain evidence is necessary. This might be in the form of witness testimony, medical tests, samples, expert opinion, and other facts. By collecting sufficient information to identify who is liable, the lawyers will also be able to investigate the truth behind the incident. The attorney and his team will be able to collect data that will ultimately win you the case.This might be in the form of witness testimony, medical tests, samples, expert opinion, and other facts. By collecting sufficient information to identify who is liable, the lawyers will also be able to investigate the truth behind the incident. The attorney and his team will be able to collect data that will ultimately win you the case.
