In a wrongful death lawsuit, you can request compensation relating to someone else’s death. For example, if a negligent driver causes a car accident in which a family member is killed, you may be able to seek damages from this motorist. A Pennsylvania and New Jersey wrongful death lawyer may file your lawsuit, helping you pursue the most damages possible.
If you want legal help with a death lawsuit, Demand Rand. To date, Rand Spear The Accident Lawyer has helped our clients secure more than $750 million in damages. Contact us today to discuss your case with our lawyer.
What Is a Wrongful Death?
A wrongful death may refer to a civil claim you bring against another party. In this type of lawsuit, you ask for damages based on another person’s death. There are many reasons why you may ask for compensation, such as:
- Burial and funeral expenses
- Loss of income
- Medical bills
- Pain and suffering
Rand Spear The Accident Lawyer can help you figure out if you are eligible to submit a death claim. If so, our personal injury lawyer can walk you through the legal process, addressing any challenges you encounter along the way. To learn more, reach out to us.
How a Wrongful Death Claim Is Different from a Personal Injury Lawsuit
With a death claim, someone has died, and you are requesting damages on their behalf. You may ask for compensation from an individual or business responsible for this person’s death. Also, you may be able to submit this type of claim if you are a family member or personal representative of the decedent (deceased person).
Alternatively, you may file a personal injury lawsuit because you were hurt due to someone else’s negligence. You may suffer an injury, which leaves you with medical expenses and other costs. In your lawsuit, you may ask for economic and non-economic damages to cover your losses.
With guidance from a lawyer, you can learn what you need to know about wrongful death cases in Pennsylvania and New Jersey. Your lawyer can promptly file your request for damages. Along with this, they can argue to the court that you deserve compensation from the liable party.
Who Can File a Wrongful Death Lawsuit
Not everyone is able to sue on the grounds of wrongful death. Generally, a decedent’s spouse, child, parent, or another family member may be able to submit a claim. The court may also appoint a personal representative who can file a claim.
Many cases fall under the wrongful death umbrella. These include car accidents, work accidents, and medical malpractice cases. Regardless of the case type, you are responsible for the burden of proof.
Your lawyer can go over who can file a wrongful death lawsuit and if now may be the right time to do so. They may also help you gather medical records and other evidence to support your case. If you have a compelling body of evidence, you may show a judge or jury that you deserve the maximum amount of damages.
When You Should File a Claim
Per Pennsylvania Consolidated Statutes §5524, you may have up to two years from a person’s death to file a wrongful death claim. The window in which you are allowed to seek damages may not be extended. After the window closes, you may be solely responsible for any losses.
According to New Jersey Revised Statutes §52:4B-18.2, there is a two-year window for submitting a wrongful death lawsuit. Based on this, there is a maximum of two years from the date of an individual’s death to pursue damages. If you are uncertain about whether you want to file a lawsuit, you can discuss your legal options with an attorney.
Your attorney understands the statute of limitations and how it applies to your case. They will not wait to request damages. Your lawyer may help you pursue compensation from an at-fault party or their insurance provider and negotiate a settlement on your behalf.
How to Get Damages
Your lawyer can discuss what the average wrongful death settlement is worth and what it will take to get the damages you want. Simply saying you deserve compensation from an at-fault party is insufficient. You and your lawyer must show a party was negligent, which led to the death of someone you know.
To prove negligence, you must verify that a party had a legal obligation to practice a reasonable standard of care around them. In addition, you must explain how the party violated this obligation, causing someone to die. You must also describe how this person’s death is forcing you to deal with economic or non-economic losses.
You may have the option to settle your case, which may be a faster option than bringing it to trial. If you get a settlement offer, you may want to review it with your lawyer. You and your attorney can go through the immediate and long-term ramifications of any decision you make on a proposal.
Tips to Help You Navigate the Legal Process
You may feel overwhelmed as you deal with the aftermath of a family member’s death. In spite of this, it may be best to consult with an attorney. From here, your lawyer may help you file a lawsuit in which you may get damages that serve you and your family well for a long time.
During your litigation, a liable party or their insurance company may propose a settlement. Remember, you do not have to accept this offer. At this point, it may be helpful to evaluate the proposal with your attorney and hear what they have to say about it.
If at any time during the legal process you have concerns or questions, share them with your lawyer. You can get insights into wrongful death and personal injury case basics and other legal topics. Plus, your lawyer can help you make informed decisions throughout your litigation.
Get Help from a Compassionate Wrongful Death Lawyer Today
The team at Rand Spear The Accident Lawyer has an outstanding track record. With our no-win, no-fee guarantee, we will not charge you anything unless we get you damages. To schedule a free case evaluation, contact us today.
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