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Losing a loved one is always a difficult and emotional experience, but when that loss is due to someone else's negligence or wrongful actions, the pain can be even more devastating. In New Jersey, families who have lost a loved one as a result of such actions may be able to seek justice through a wrongful death lawsuit. This blog will explore what a wrongful death lawsuit covers, who can file for one, the elements of such a lawsuit, and the damages that may be awarded.
A wrongful death lawsuit is a civil action brought by the surviving family members of an individual who has died due to the negligence or intentional harm of another party. These lawsuits are intended to provide compensation for the losses suffered by the family as a result of their loved one's death. This compensation can cover medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering.
In New Jersey, only certain individuals are allowed to file a wrongful death lawsuit on behalf of the deceased person's estate. These individuals typically include spouses, children, parents, siblings, and other dependents who were financially supported by the deceased. If there is no surviving spouse or children, other family members may be eligible to file suit.
The elements of a wrongful death lawsuit in New Jersey typically include proving that the defendant had a duty of care towards the deceased person, that they breached that duty through negligence or intentional harm, and that this breach directly caused the death of the individual. Additionally, it must be shown that surviving family members have suffered measurable damages as a result of their loved one's death.
Damages in a wrongful death lawsuit can vary depending on the circumstances of each case. Common types of damages awarded in these cases include compensation for medical expenses related to the injury that led to the death, funeral and burial costs, loss of income and financial support provided by the deceased person, and non-economic damages such as pain and suffering or loss of companionship.
If you have lost a loved one due to someone else's negligence or intentional actions in New Jersey, you may have grounds for a wrongful death lawsuit. Seeking justice through legal action can not only provide you with compensation for your losses but also hold responsible parties accountable for their actions. At Attorney JF Bullwinkel assist New Jersey residents with wrongful death accident matters and can help guide you through this complex legal process with compassion and expertise.
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