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Losing someone you love can be devastating, especially when his or her death was the result of an avoidable accident. If the death of a family member resulted from the negligence or wrongdoing of another, you might want to consider filing a lawsuit with the help of our compassionate personal injury attorneys. When you are ready to take action, a Vineland wrongful death lawyer could help you understand your legal options and get started on your case.
Initiating Wrongful Death Claims
A claimant in a wrongful death lawsuit could bring such an action on behalf of the deceased person’s estate for the benefit of several heirs. This is called an administration ad prosequendum under New Jersey Revised Statutes §3B:10-11. A wrongful death lawsuit may be filed in the county where the deceased lived or in where the accident occurred.
Do You Need a Legal Standing to File a Wrongful Death Suit in Vineland?
The right to exercise legal rights in the form of civil litigation requires a standing to sue, which means there must have been an injury caused by the defendant that can be made right by the courts. According to N.J.R.S. §2A:31-1, surviving family members may have the standing to file a wrongful death lawsuit if the deceased party would have been able to bring the suit himself or herself if he or she had survived. A skilled attorney could discuss this concept with you in greater detail and explain how it may affect your wrongful death case.
What Damages Can be Recovered in Wrongful Death Cases?
Certain damages might be available in Vineland wrongful death cases where it is determined that the deceased could have filed a civil lawsuit if his or her injuries had not been fatal. Additionally, his or her surviving family members can seek compensation for intangible losses that have resulted from their loved one’s death.
For example, N.J.R.S. 2A:15-3 allows a representative of the deceased to obtain monetary compensation on his or her behalf for trespassing. Recovery for trespassing could be available when an accidental death has occurred because someone came onto the deceased person’s property. Under the same statute, a surviving relative may be able to receive reimbursement for funeral and burial expenses in addition to other damages. For help with recovering damages, seek the services of our dedicated lawyers.
Negligence in Wrongful Death Claims
Negligence occurs when a defendant breaches a duty to the injured party and legally causes him or her harm. A wrongful death lawsuit based on negligence does not require an intentional act, meaning an accidental death may be compensated by a civil court.
If a wrongful death occurred as a result of medical negligence, an affidavit of care may be a necessary component of a successful civil case, according to N.J.R.S. §2A:53A-27. An affidavit is a sworn statement by a medical expert that attests the duty of due care that was warranted under the circumstances. A knowledgeable wrongful death lawyer in Vineland could help you and your family obtain such an affidavit if necessary.
Speak with a Vineland Wrongful Death Attorney Today
If you need legal help to seek compensation for an accidental death, a local attorney may be able to assist you. Make an appointment with a Vineland wrongful death lawyer at your earliest convenience to begin the legal process. Let our team help you hold the negligent party accountable.