Being a human it is impossible to avoid death. You can follow guides to living longer but avoiding natural death is impossible. However, the most devastating experience when it comes to death is when we have to lose our loved ones, and that too is because of someone else’s negligence. Furthermore. When you are already facing emotional stress at that time. There will be more challenges such as financial hardships that will make a hard time even harder and make the matter more stressful. Getting compensated for the death of your loved ones at that time can be helpful in so many ways.
Common Causes of Wrongful Death
While death isn’t very uncommon the problem arises when it comes to wrongful death there can be several reasons behind wrongful death. According to New Jersey wrongful death laws, the most common causes behind wrongful deaths are :
- Truck Accidents
- Defective Products
- Car Accidents
- Medical Malpractice
- Slip & Fall Accidents
If your loved one has lost their life due to the result of the above-mentioned reasons then you will need to prove it via wrongful death claim so you can get compensated for your loved ones. However, you will need to prove the following for the death claims:
- The death was the reason because of the negligence of the property holder.
- In case your elder ones were surviving but were badly injured due to the injury they had to face they will be entitled to be compensated for the expenses to treat their illness or injuries.
- There is a surviving family member in the family in the end.
- The surviving family members had to face the losses due to the death of the family member.
Claiming For the Compensation of Your Loved Ones
While no compensation amount can bring back your loved ones but with the help of a trusted New Jersey wrongful death attorney (we recommend Flynn & Associates), filing for wrongful death claims can be helpful for you and your family to reduce the stress of financial burden. You will be the only hope left behind for the financial future of our family. While having a meeting with the right wrongful death lawyer you must be asking them what compensation can I receive in a wrongful death claim and how do I start with. First, you should understand what could be the common cause behind wrongful death. Here is what you need to know.
Just like the types of wrongful death, there are different types of compensation that one can claim according to the wrongful death type such as:
Medical Negligence Compensation Claims
If the death of your loved one was caused due to the negligence of the medical professionals or due to medical malpractice, which means the person was either harmed or injured due to the action or result of their actions or act of pharmacy. If you want to get compensated for the death of your loved one due to medical negligence then you will need to prove under the accepted standard of practice under the state law.
And though claiming at any level will never get your loved ones back but at least you would have some financial stability or may have access to practical support around your home, or you may even get mental health support as well. You will need to contact professional medical negligence lawyers to get tailored advice about your legal rights and be helped through every step of the claim.
Intentional Killing Claims
If you believe that your loved ones were intentionally killed by the person then you can apply for the wrongful death claim and the intentional claim can be reported. Take the defendant for instance, that if it murders the victim then it will face the charges of a criminal case. The families of the victim can also take help of the civil lawsuit for the wrongful death against the defendants. Wrongful death is related to the civil laws that are apart from the criminal laws.
When a person dies due to a car accident and it was proved after an investigation that the person was driving the car negligently then you can claim the wrongful death lawsuit and claim for the compensation of your loved ones. Some examples of negligence behind the wheels are driving under the influence, reckless driving, and disobeying traffic laws.
Is it hard to Prove Wrongful Death?
Fulfilling the burden of proof regarding the wrongful death lawsuit can be a stressful and complex process. With an experienced wrongful death attorney, you will need to work on gathering evidence to prove your rightfulness of the claim. This may include bringing the expert witness to the court and that can cost hundreds of dollars per hour. If you get any settlement then your lawyers will charge you for it and until that time will pay the upfront cost.
How Do They Determine The Wrongful Death Settlement Amounts?
When it comes to determining the amount of the wrongful death settlement then a variety of factors are considered in this regard, and this includes the age of the dead individual as well. The expenses such as medical bills, funeral costs, and burial expenses will also be considered and the amount of the pain and suffering that you have to go through will be determined by using the per diem method or a multiplier.
Getting Legal Help Is Crucial
You may be well versed with several state laws but you may not have the right idea about the kind of claims that New Jersey wrongful death attorneys will cover and how to claim for compensation of the death of your loved ones. You will already be facing the most devastating time of your life so it is better to hire the wrongful death lawyer who will stand by your side and will help you to go through this whole phase and you get paid for the sufferings.