How Do You Know if You Have a Wrongful Death Lawsuit?
Posted August 13th, 2014 by Anthony Carbone, PC.
Categories: Personal Injury.
Nothing is worse than losing a loved one in an accident. The pain and sorrow you feel is indescribable. But what can make a bad situation even rougher is when the accident is caused by someone’s carelessness or negligence. What can make the situation right?
Unfortunately, nothing will make the situation right. Only time will heal the loss you feel right now. But there is a way to find some justice.
Wrongful death cases are when the deceased’s family members sue for the financial loss brought about the family member’s death. In additional to financial loss, the family members can claim loss of parental guidance by the child of the deceased. In New Jersey, the law requires that four conditions are met before you can file a wrongful death suit. They are:
- The death was caused by the actions of the defendant
- The defendant was either negligent or liable for the death
- There are survivors for the victim, such as a spouse or children
- The death resulted in monetary damage
The last condition means damages that can be awarded to the survivors include funeral expenses, loss of benefits (i.e. pensions, medical insurance, etc.), medical expenses, and a loss of earnings from the deceased.
Damages you can received from a wrongful death case depends on the type of case you have. For instance, if medical error was the reason for your loved one’s death, then there is no limit to what type of damages you and your family could receive. However, the same can’t be said about a car crash or a workplace accident. It’s best to hire an experienced personal injury attorney to help walk you through the process.
Be aware that like any other personal injury case, there is a statute of limitations for your wrongful death case, which is two years. This is so the memories of what had caused the death is still fresh in everyone’s minds. So don’t wait until the grieving process is over. The quicker you have the matter resolved, the faster it will be to put the whole situation behind you and your family.
If you have a loved one who died because of someone else’s negligence, we are here to help you. For more than 25 years, the Law Offices of Anthony Carbone, PC has been helping families in Jersey City and surrounding areas. Contact us today for a free consultation.