You may be mourning the loss of a family member. If your loved one’s death is the result of someone else’s negligence, you may be eligible for damages. To find out, it may be beneficial to consult with a Ewing personal injury lawyer to discuss your legal options.
Rand Spear The Accident Lawyer understands the problems you may face due to a family member’s death. A Ewing wrongful death lawyer is empathetic and will provide you with best-in-class legal representation during this difficult time. For more information, contact us today.
Wrongful Death Definition
A wrongful death occurs when one party dies due to another’s negligence or misconduct. There are many reasons why this type of death happens. These include:
- Car or truck accident
- Defective product
- Medical malpractice
- Slip and fall accident
If a family member dies due to these reasons or any others, you may have grounds for a death claim. An attorney can learn about your loss and its financial impact on your day-to-day life. Along with this, they may help you identify the party liable for your loss and explain how much your personal injury case may be worth.
Who Is Responsible for a Wrongful Death
Figuring out who is at fault for a person’s death may be challenging. You may be dealing with emotional trauma in the aftermath of someone’s death. An attorney who specializes in wrongful death claims may be able to help you identify the at-fault party so you can seek damages accordingly.
At-fault parties in death claims include business operators, drivers, and medical professionals. Your attorney may help you evaluate the facts surrounding an individual’s death. They understand this may be tough, and they will work with you to ensure you are fully supported.
After you identify the party responsible for a person’s death, you may be able to pursue damages. An Ewing wrongful death attorney can help you determine if you are able to submit a claim for damages. They can also discuss personal injury verdicts and settlements with you.
Ewing Wrongful Death Lawyer Near Me (215) 985-2424
Who Can File a Wrongful Death Claim
As far as who can file a wrongful death lawsuit, a personal representative of the estate of a deceased person (decedent) may be able to do so. This representative may be the decedent’s spouse, child, or another blood relative. They may work with a wrongful death lawyer in Ewing to submit a claim.
You may ask for economic and non-economic damages in a death lawsuit. Economic damages may be provided for a decedent’s funeral and burial expenses and other quantifiable losses. Non-economic compensation may be awarded for suffering and other subjective losses.
If you are interested in meeting with a wrongful death attorney in Ewing, Rand Spear The Accident Lawyer is available. We can review your case and help you submit your claim before the statute of limitations to do so lapses. To learn more, reach out to us.
Wrongful Death Claim Statute of Limitations
One of the case basics an attorney will discuss with you relates to the statute of limitations for death claims. Generally, you may have up to two years from the date of a person’s death to request damages on their behalf. If you do not file a claim within this period, you may not be able to seek compensation from an at-fault party down the line.
How much money you should ask for in a death case depends on your losses. Your lawyer can evaluate your damages. They can help you figure out how much to request from an at-fault party and build an argument to show a judge or jury you deserve this amount.
Even if someone else is responsible for a family member’s death, you are still responsible for the burden of proof in your death case. If you cannot provide sufficient evidence to support your claim, a judge or jury may rule in the defendant’s favor. Your lawyer can help you collect medical records and other forms of proof to strengthen your argument.
Proving Negligence in a Wrongful Death Case
Your attorney can explain the meaning of negligence in law. To get damages in a death lawsuit, you must show an at-fault party was negligent. This requires you to prove the following components of negligence were present when a person died:
- Duty of Care: An at-fault party had a legal obligation to act in a cautious manner toward others.
- Breach of Duty of Care: This party was careless or reckless, and as such, violated their legal obligation.
- Causation: Because the party chose to act in a certain way, they caused a person’s death.
- Damages: You are dealing with economic or non-economic losses due to the party’s actions.
You may need a strong body of evidence to prove negligence. With help from your Ewing wrongful death lawyer, you may collect proof that makes it clear to a judge or jury an at-fault party was negligent. This may allow you to secure damages that cover all of the losses relating to a person’s death.
Wrongful Death Case Settlement
If you are wondering what is the average settlement for a car accident or any other incident that leads to a wrongful death, the answer depends on the facts surrounding your claim. Your wrongful death attorney in Ewing can help you calculate your losses. If you receive a settlement offer, you can go over it with your lawyer.
The defendant in your case may propose a settlement any time before your trial. Just because you get a settlement offer does not mean you have to accept it. Your wrongful death lawyer in Ewing may advise you to accept an offer only if it lines up with your best interests.
Your lawyer can analyze a settlement proposal and help you weigh its pros and cons. They can explain the ramifications of accepting or declining an offer. If you do not believe a settlement gives you enough money, you can decline it, and you and your attorney can continue to explore ways to strengthen your case.
Partner with a Ewing Wrongful Death Attorney
With Rand Spear The Accident Lawyer, we stand behind our work in personal injury claims. We offer a no-win, no-fee guarantee, and you are not charged anything unless we win or settle your case. To request a free case consultation, contact us today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
