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Many injury lawsuits involve an injury that the person eventually recovers from. Others involve permanent injuries that result in life-long impairment or disability. The most severe and shattering injury cases involve a wrongful death.
It is important to remember that not every death is wrongful in the eyes of the law. To be able to pursue a claim, a decedent’s family must be able to prove that the actions of the defendant directly resulted in the death. In other words, if it was not for the actions of the defendant, the decedent would still be alive. This can include a death that results from an accidental incident as well as one resulting from a crime.
In either event, a Washington Township wrongful death lawyer could help your family get compensation to pay for unexpected expenses resulting from the death. This can include payments to cover any costs as well as payments for the economic and emotional impact. To better understand the potential compensation available in your specific circumstances, speak to a compassionate injury attorney.
When is a Death is Wrongful in the Eyes of the Law?
A wrongful death is any death that can be attributed to the actions of another party. It is unnecessary in these cases to prove that a defendant intended to cause a death. In fact, situations that allege this are rare.
Instead, a plaintiff will typically allege that the defendant was negligent and this negligence happened to result in a death. A typical example here is a car accident. The defendant did not mean to cause any harm, however, this lack of intent does not mean they do not bear responsibility. A Washington Township wrongful death lawyer could work to demonstrate that a defendant’s actions were responsible for the loss of life. By doing this, we can help your family obtain the compensation you need to try to move forward.
Requirements for Washington Township Wrongful Death Cases
Wrongful death claims are actually a combination of two lawsuits. The first is called a survival action and is defined by New Jersey Statutes §2A:31-1. This lawsuit demands compensation for any losses the decedent would have accrued if they did not die. In other words, this is a lawsuit demanding the same payment that the decedent would have been entitled to if they survived their injuries. This is similar to a common personal injury lawsuit.
The second lawsuit is known as a wrongful death lawsuit. According to N.J. Stat. §2A:31-4, plaintiffs pursue these claims for the benefit of the surviving family members. The damages in these claims could include any lost wages and lost future earning potential from the decedent, the value of any parenting lost for the children, and loss of consortium for a spouse. A wrongful death attorney in Washington Township could help the families of the decedent identify their proper sources of compensation and press both lawsuits in a New Jersey court.
Consider Your Options with A Washington Township Wrongful Death Attorney
The unexpected loss of a loved one is always a tragedy. Nothing can alleviate the pain and shock that accompany this event. However, the family members of the deceased need to look towards the future. A qualified attorney may pursue compensation from any responsible party including the at-fault person, an insurance company, or a corporation. This could include payments to cover funeral costs, medical bills, and lost future income. When you are ready, contact a Washington Township wrongful death lawyer for a consultation.