If you’ve lost a loved one as a result of the negligence of another party, you should speak with an injury lawyer in Newark, to find out if you’re eligible for compensation.
Call Rosengard Law Group now: 833-323-4448
We know just how devastating the death of a loved one can be. There is no compensation that would be adequate for the loss you are experiencing. However, compensation can help to ease the financial burden on your family.
We will provide legal representation with a compassionate touch. Our attorneys are knowledgeable and experienced in representing grieving family members. We will pursue the negligent party with vigor to bring them to justice. We work tirelessly to bring grieving families some level of comfort and to ease the financial strain that the death has resulted in.
If you’ve lost a loved one as a result of the negligence of another party, Call 833-323-4448 to talk to a Newark wrongful death attorney.
What is a Wrongful Death Claim?
Accidents can occur at any time. When they do, they often result in injuries. These injuries in some cases can be serious enough to cause the death of the victim. If the accident was the result of the negligence or misconduct of another party, then a wrongful death lawsuit can be filed by the survivors of the deceased.
Wrongful death claims are designed to provide the survivors of the deceased compensation for the loss of financial and emotion support.
Common Types of Wrongful Death Claims
Accidents caused by the negligence or misconduct of another party can result in injuries. When a victim of such an accident survives, they can file a personal injury claim to obtain compensation for their injuries and damages. If the injuries result caused by negligence result in the death of the victim, the survivors can file a wrongful death lawsuit.
- Accidents involving buses, heavy trucks and railroad trains
- Medical malpractice
- Motor vehicle accidents – see our Newark car accident lawyer page for more information.
- Work place accidents
- Defective products
- Chemical leaks
- Unsafe premises
- Slip and fall accidents
- Birth injuries
Ask a Newark Wrongful Death Lawyer if you qualify for a Claim
Dealing with the death of a loved one can be very difficult. Our Newark wrongful death attorneys have experience representing the survivors of victims of fatal injuries. We will provide you with compassionate legal representation to help you get through this difficult time. We understand the anger, hurt and others strong emotions you may be experiencing. We’ll provide you with an objective view of the case and guide you through the compensation process.
We’ll work diligently to establish the other party’s liability in the case by proving the four elements below:
Duty of care
We’ll show that the at-fault party had a duty of care to your deceased loved one. For example, the motorists have a duty of care to other road users. They are required to drive carefully and to uphold the law.
Breach of duty
We’ll show how the other party breached their duty to your loved one and therefore caused the injury. For example, motorists that drive under the influence of alcohol breach their duty of care to other road users.
We’ll demonstrate just how the negligence of the other party resulted in the victim’s death. For example, if the other party had not got in their car and driven while under the influence of alcohol, your loved one would not have been killed in the car accident.
We’ll show how the other party is liable for the death of your loved one and should, therefore, compensate you under the New Jersey Wrongful Death Act for the financial losses and other losses you have suffered as a result of the death of your loved one.
Who Can File a Newark Wrongful Death Claim?
The survivors of the deceased can file a wrongful death claim to obtain compensation for economic and non-economic damages. Our Newark wrongful death attorneys represent:
Surviving spouses can recover compensation for the loss of their spouses. They can seek compensation for the loss of the deceased protection and companionship.
If the deceased had children that are still considered minors by law, these children can recover compensation. Children can recover compensation for loss of parental guidance, protection, and companionship.
The parents of the deceased
If the deceased had no spouse or minor child, their parents can recover compensation for the loss.
In order for a survivor to recover compensation, they must show that they were dependent on the deceased for support. We will provide evidence to show the loss of future support and services from the date of the injury. We’ll also show the loss of future support and services as a result of the death of your loved one.
We’ll also fight to recover compensation for expenses resulting from the injury including funeral and medical expenses.
Damages Our Newark Wrongful Death Attorneys Fight To Recover
According to the Wrongful Death Act of New Jersey, only pecuniary damages can be recovered in a wrongful death lawsuit. This means that you can only recover actual financial losses resulting from the death of your loved one.
This means that you cannot pursue compensation for pain and suffering that your loved one sustained under the wrongful death lawsuit. We can, however, help you pursue compensation for non-economic losses under a different claim. We can file a separate claim while pursuing compensation under the wrongful death lawsuit.
In addition to this, you will not be able to recover compensation for emotional distress, grief or mental anguish resulting from the loss of your loved one. However, we can file a lawsuit to recover compensation for negligent infliction of emotional distress. This is only applicable if a survivor witnesses the death of their loved one in person.
We will fight to help you recover compensation for the following under a wrongful death claim:
Loss of income
We’ll help you recover the income that the victim would have earned to contribute to the upkeep of the survivors. This is calculated by an economist based on the testimonies provided by expert witnesses. It is determined based on the income of the deceased at the tie of their death. This is multiplied by the number of years the deceased would have worked minus the taxes they would have paid.
Loss of services
This is not based on emotional value but the economic value of the services, assistance, training, and guidance that the deceased provided to their survivors. We’ll provide evidence to demonstrate the cost of the services provided. For example, if you now have to hire a babysitter to care for the children, the cost of hiring the baby sitter will be considered.
Medical and funeral expenses
We will present evidence showing the expenses you and your family incurred for medical treatment and funeral expenses for your deceased loved one. This often involves presenting medical bills as well as receipts.
Talk to a Newark Wrongful Death Attorney
Contact us today to talk to a NJ wrongful death attorney. We’ll provide you with the expertise and objectivity you need to pursue compensation for the death of your loved one. You can rely on our experience, knowledge and vast resources to fight for and protect your rights.