When a loved one dies an untimely death because of someone else’s negligence or intentional act, surviving family members suffer. There is grief and despair over the loss of their loved one’s presence, anger at the injustice of their senseless death, and financial upheaval incurred by medical costs, death expenses, and losing their loved one’s income.
This suffering can threaten to overwhelm families, and while the team of personal injury attorneys at Rand Spears cannot take away emotional pain, they can fight for justice and financial relief. A compassionate Burlington, NJ personal injury lawyer will review your case and if you are entitled to compensation, will fight to get you the highest settlement possible.
Understanding Wrongful Death Claims
In New Jersey, when a person sustains an injury in an accident caused by someone else’s negligence or intentional act, that person can file a personal injury claim against the at-fault party and hold the at-fault party accountable for paying damages. If a person is killed in an accident, the victim’s survivors may choose to file a wrongful death claim to get justice for their loved one and secure compensation for the losses incurred by their loved one’s death.
As with personal injury claims, the civil court governs wrongful death claims. Even if the at-fault party faces criminal charges for the actions causing the death of the victim, survivors can still file a wrongful death claim in civil court.
Accidents Leading to a Wrongful Death Claim
While wrongful deaths may result from criminal acts, they are often caused by preventable accidents that only occurred because of someone else’s negligence. Accidents causing wrongful death include, but are not limited to those involving:
- Motor vehicles
- Defective products
- Medical malpractice
- Workplace incidents
- Workplace environment, such as long-term exposure to toxins
- Premises liability, such as drownings or amusement park ride malfunctions
When your loved one is killed in an accident of any kind, it is in your best interests to connect with a Burlington, NJ wrongful death attorney as soon as possible. Those at fault for the death may reach out to you quickly to convince you to accept a low settlement they will present as “generous” and “sympathetic.” Your attorney will not be fooled by these offers and will hold those at fault responsible for paying just compensation for the loss of your loved one.
Burlington Wrongful Death Lawyer Near Me (215) 985-2424
Eligibility for Filing a Wrongful Death Claim in Burlington, NJ
In Burlington and all of New Jersey, only the executor or administrator of the victim’s will or estate can file a wrongful death claim, and if there is no will, a probate court must appoint an estate representative.
Wrongful death claims are filed on behalf of surviving family members who were dependents of the victim when the victim was killed. Surviving family members may include:
- Nieces or nephews
Non-relatives who were financially dependent on the victim may also be eligible to receive a settlement, but only after they have proved this financial dependence. A wrongful death attorney in Burlington, NJ can help determine your eligibility, and if you are, take your wrongful death claim through the legal process.
What a Wrongful Death Settlement Covers
Giving an “average” wrongful death settlement is not possible, as each case has its own specific circumstances. However, there are certain damages surviving family members typically pursue.
Medical and Death Expenses
Some victims do not immediately die from an accident and receive medical care for their injuries. Families will also face funeral, burial, and other death expenses.
Families often find themselves in financial straits without the income their loved one contributed to the household. Your wrongful death lawyer in Burlington, NJ will consider your loved one’s age, profession, and other relevant factors to calculate their lost potential earnings and benefits, so the amount can be restored.
Loss of Relationship
The loss of a loved one leaves families with a sense of incompleteness. They have lost the victim’s care, guidance, and companionship. These losses, though intangible, are deep and worthy of acknowledgment.
Loss of Household Contributions
Family members usually do more than contribute income to a household. They also perform childcare, house maintenance, transportation, and other services to benefit the family overall. Losing these contributions will bring additional expenses.
Surviving family members cannot pursue compensation for emotional distress through a wrongful death settlement in New Jersey. However, if you witnessed the loved one’s accident or experienced pain and suffering because of the at-fault party’s negligence, you may be able to file a separate claim to cover those damages. Your wrongful death attorney in Burlington, NJ will review your case, present your options, and provide you with the necessary representation.
Why You Should Hire a Burlington, NJ Wrongful Death Lawyer
In the aftermath of an accident or preventable illness that causes your loved one’s untimely death, your family will be in emotional turmoil. Often, survivors have only enough energy to get through one day at a time. While this situation is completely understandable, your family’s financial future and justice for your loved one still need to be secured.
Joining with a Burlington, NJ wrongful death attorney from Rand Spear allows you to focus your energy on healing and getting through each day without ignoring these serious issues affecting your family’s well-being. Your attorney will handle all the legalities and practicalities of your case for you.
You can depend on your attorney to:
- Carry out an independent investigation into your loved one’s death to identify all at-fault parties and avenues of compensation
- Compile evidence to hold the at-fault parties accountable and prove your settlement demands are justified
- Prepare and submit all paperwork and legal documentation accurately and within legal deadlines
- Consider your losses with care and calculate fair compensation with precision
- Determine whether you should pursue an additional suit for emotional distress
- Communicate with you regularly, updating you on your case’s progress
- Represent you at all proceedings if you must take your case to court
Get Justice and Financial Security
If your loved one died because of another party’s negligence or wrongful act, you should not have to bear the financial burden or the burden of injustice caused by their untimely demise. Those burdens belong to the ones responsible for your loved one’s death.
Contact a caring, experienced Burlington NJ wrongful death attorney from Rand Spear for a free consultation. The Spear Greenfield team will fight fiercely to honor your loved one’s life and secure financial stability for those left behind.