If a loved one lost their life in an accident that someone else’s negligence caused, a Newark wrongful death lawyer can help. Wrongful death lawyers understand how devastating it is to lose a loved one. You are entitled to damages, which is defined as a “remedy in the form of monetary compensation to the harmed party”.
When you lose a family member, the situation is harder to deal with when their death was the result of another person’s recklessness or carelessness. Having a wrongful death lawyer in your corner is beneficial as they will handle your case from start to finish. Your family should not have to worry about taking on a wrongful death case while mourning your loss. A wrongful death attorney helps you during this difficult time in the following ways:
- Investigates the matter on your behalf
- Collects evidence such as photographs of the scene and video surveillance if attainable
- Interviews eyewitnesses
- Navigates the legal complexities surrounding the case
- Fights to recover lost income, including medical and funeral expenses
When faced with a wrongful death situation, retaining an attorney is of tremendous help. Newark wrongful death lawyers understand the importance of your rights in such circumstances. Our legal team can file a wrongful death lawsuit against the responsible party to seek compensation for medical malpractice, wrongful death, and loss of services. Call Morelli Law Firm at (212) 751-9800 for a free case evaluation with a member of our team.
Establishing Responsibility in Wrongful Death Cases
Wrongful deaths happen because of the misconduct or the negligence of another party. Survivors or people related to the deceased have a right to file a wrongful death lawsuit.
Some of the common types of wrongful death claims include:
- Accidents involving buses, heavy trucks, and railroad trains
- Medical malpractice
- Motor vehicle accidents
- Workplace accidents
- Defective product
- Chemical leak
- Unsafe premises
- Slip and fall accidents
- Bicycle accidents
- Dog bites
- Pedestrian accidents
- Motorcycle accidents
- Birth injuries
You have to establish that the other party is rightly responsible for the wrongful death. The party liable does not have to be criminally liable. Many wrongful deaths are the result of medical malpractice, and they provide for civil liability.
The court does not categorize the actions of the physician as a crime. The majority of wrongful death suits only give rise to civil responsibility. They are not considered crimes because the negligent professional lacks the actions necessary for proving criminal responsibility.
When You Qualify for a Wrongful Death Claim
It is difficult to deal with the death of a loved one. To qualify for a wrongful death claim, you have to establish the other party’s liability in the case. The first element that should be proved is that of duty of care.
Duty of care is the moral obligation to ensure the safety of others. In tort law, it is the legal obligation requiring individuals to adhere to a reasonable standard of care while performing any acts that could foreseeably harm others. Your attorney helps you to show that someone owed a duty of care to your deceased loved one.
The second element that is a rule in a wrongful death claim is a breach of duty. After establishing that the at-fault party had a duty of care, your attorney has to prove that the negligent party breached the said duty. Proving this element is important because a breach of duty of care raises liability for negligence.
For example, if a driver is texting and driving rather than paying attention to the road and rear-ends someone at a stop sign, they breached their duty of care, which is driving responsibly and keeping drivers and pedestrians around them safe. Car crash fatalities are not uncommon in New Jersey, as shown by the New Jersey Department of Transportation.
The third element is that of causation. A Newark wrongful death lawyer can help you prove that the negligence of the at-fault party resulted in the victim’s death. The last element is that of damages; your attorney shows how the other party is liable for your loved one’s death.
If you have lost a loved one through the negligent behavior of a professional, you can receive compensation under the New Jersey Wrongful Death Act. Contact Morelli Law Firm today and our team can help you recover financial losses and other losses you have suffered because of the death of your loved one. There is always someone on standby ready to talk to you: (212) 751-9800).
Newark Wrongful Death Lawyer Near Me 877-751-9800
Compensation You May Be Able to Obtain
In a New Jersey wrongful death case, you may be eligible to receive economic and non-economic damages. Some damages you may qualify for include:
- Loss of financial support
- Loss of guidance
- Loss of services such as childcare
- Medical, funeral, and burial expenses
We will work to identify the liable party or parties and hold them accountable for their negligence. With the evidence we gather, we can prove that someone else is responsible for the negligent act that occurred, resulting in your loved one’s death. Our goal is to seek justice and obtain a fair settlement on your behalf.
Call Today for a Free Consultation
If you have suffered the loss of a loved one due to someone else’s negligence, contact our wrongful death attorneys today. We understand that no amount of money will bring back your loved one, but it can ease the financial burden. You should not have to pay out-of-pocket expenses for your loved one’s death that someone else caused. The defendant(s) should pay due to their wrongful acts, not your family. Call us at (212) 751-9800 for your free consultation.