What is a Wrongful Death Case?
Wrongful death occurs when a person’s death results from the negligence or misconduct of another person. Wrongful death claims are civil actions filed on behalf of the family surviving the deceased. Wrongful death claims are akin to a personal injury claim a victim files when injured by another’s wrongdoing.
Proving a Wrongful Death Claim
To prove negligence or misconduct in a wrongful death claim, the plaintiff’s attorney must demonstrate that each one of the following occurred in their case, resulting in their loved one’s demise.
Duty of Care
The plaintiff’s attorney must demonstrate the defendant owed a duty of care to the victim, such as obeying traffic laws or providing a certain medical standard of care.
Breach of Duty
The plaintiff’s attorney must prove the defendant failed in their duty of care and acted with negligence.
Breach of Care Caused the Victim’s Death
The plaintiff’s attorney must prove the defendant’s actions or failure to act resulted in the victim’s death and caused damages to the deceased, their estate, and the family.
How can a New Jersey wrongful death attorney help me?
Numerous laws apply when dealing with a wrongful death case. These types of incidents occur for many reasons, from unfortunate accidents to malicious crimes. An experienced wrongful death attorney has a
solid grasp of New York and New Jersey laws that apply to these cases. Timing and collecting evidence are essential since defendants and their insurance companies usually hire attorneys to help mitigate damages and liability.
Every insurance company’s goal is to decrease their liability and reach the smallest settlement possible in any claim, especially for a wrongful death claim. The plaintiff (the person seeking damages for their loved one’s wrongful death) in these types of cases might need a lawyer’s help in understanding and managing insurance regulations and legal issues. Having a skilled wrongful death attorney as your advocate evens things up against the defendant’s legal team and improves your chances for winning your case.
Retain a Wrongful Death Lawyer
You shouldn’t have to handle these issues alone after losing a loved one. Please call the skilled wrongful death lawyers from DAME Legal at 201-968-5800. We provide a free consultation to help you determine the merits of your New Jersey wrongful death case.