Grieving should be your top priority when you’ve lost someone dear to you. It’s only natural to be devastated at the loss and to focus on healing as best you can. With that said, it’s also important to consider taking legal action as quickly as possible. Don’t hesitate to hire a Trenton wrongful death attorney.
The attorneys at Rosengard Law Group represent clients who have been impacted by accidental or wrongful deaths and fight as hard as they can to get them the compensation they rightly deserve. Relying on insurance alone may not be enough to pay off final expenses and medical bills or to compensate for lost income.
Without seeking damages from the responsible party, you may find yourself struggling financially for years. Don’t let yourself become a victim: let the Rosengard Law Group fight for the justice and compensation you deserve.
Reach out to us now for a FREE CASE EVALUATION. You can call our offices to speak directly to one of our attorneys, or you can complete our online form and we’ll get back to you as soon as possible. We are happy to hear your story and discuss what we may be able to do for you.
And remember, there’s no risk to you: you won’t pay any fees until we win your settlement.
What Is Wrongful Death?
When someone dies as the result of someone else’s inappropriate or reckless actions or behavior, that is called a wrongful death. Relatives who relied on the deceased for financial or emotional support can file a lawsuit in civil court against the party or parties responsible to receive monetary compensation. Note that this reliance does not need to have been financial in nature.
It is possible for individuals who relied on the deceased for emotional support, to also claim damages as a result of a wrongful death. Trenton wrongful death attorneys can help you determine if wrongful death has occurred and lay out what your options are if you wish to move forward with a lawsuit.
What Elements Do Trenton Wrongful Death Lawyers use To Prove Negligence?
As with any legal proceedings, proof that the defendant is guilty must be well-established. Trenton wrongful death attorneys must argue that the defendant acted negligently in contrast to how someone would reasonably be expected to act in the situation under which the death occurred. Finally, attorneys have to show that willful negligence was the direct cause of the wrongful death and that damages have resulted from it. Because wrongful death lawsuits are civil and not criminal cases, the standard of proof is lower than in criminal cases resulting in death.
Though most commonly associated with workplace accidents, wrongful death can result from any number of situations and settings. This includes, but is not limited to:
- Drivers or employers in a car accident
- Medical practitioners who commit malpractice
- Builders or designers of faulty and unsafe roads and other infrastructure
- Anyone who manufactures, sells, or installs faulty tools or equipment
- Criminal activity
How Do trenton Wrongful Death Attorneys Determine Damages?
When determining damages in a wrongful death lawsuit, courts will look to compensate you and punish the defendants. This requires a close look at several different factors. The following items are assessed and used to determine appropriate compensation:
- The remaining net income of the deceased available to you
- The value of the services performed by the deceased
- Your own life expectancy
Another important factor that receives heavy consideration by the courts is the relationship each plaintiff had with the deceased. Though they aren’t the only ones who can take part in a wrongful death lawsuit, the closest family members tend to get the most from damages:
- Spouses can be awarded damages from several emotional standpoints, including loss of the deceased’s companionship and emotional support as well as their financial contributions
- Children can be awarded damages resulting from the loss of parental guidance and protection
- What parents can be awarded depends on whether or not the deceased child was an adult or a minor
- They can be awarded for mental anguish, but if the child was an adult they might only be awarded if there are no other survivors
Regardless of their relationship to the deceased, almost anyone can claim mental suffering as part of their lawsuit. There are also several, more general claims a plaintiff might be able to make no matter how they were related to the deceased, including:
- The value of lost support since the date of death, usually stemming from the loss of the deceased’s income or any services they may have provided to the plaintiffs
- Medical expenses resulting from hospital stays and doctor visits resulting from the incident that eventually led to death but before the death occurred
- Funeral costs: The value of lost support in the future, including performed services that would have continued had the death not occurred
There’s also the issue of punitive damages. These are awarded at the court’s discretion but serve to punish the guilty party beyond what the plaintiffs may have sought. As a punishment, punitive damages help to serve as a warning to others not to engage in the same negligent behavior as the negligent party.
Rosengard Law Group can seek punitive damages and fight to convince the jury that you deserve maximum compensation.
What Do I Do If I Believe A Wrongful Death Has Occurred?
If you believe that a loved one’s death was the result of someone else’s negligence, it’s time to seek help. The very first thing you should do is call emergency services, of course, and get medical assistance right away. Then you should call Trenton wrongful death attorneys like Rosengard Law Group and give them the details right away. The process of filing and arguing a wrongful death lawsuit can be a long one, so contacting attorneys as soon as you can gives you an advantage.
DO NOT directly pursue the issue with the parties you believe are responsible by yourself. Anything that you say or do has the potential to complicate matters as you and your attorneys move forward with the legal process. Your lawyers have the necessary skills and knowledge to gather everything they need for your lawsuit without being confrontational, and they will serve as your point of communication with any other parties that may be involved.
Hire Trenton Wrongful Death Attorneys Today
Don’t let the grief you experience when a loved one dies keep you from holding those responsible for your loss accountable. Let the experienced wrongful death attorneys of the Rosengard Law Group help you shoulder the burden and guide you through the best legal options that are available to you. We can help take care of all the actions necessary to filing a lawsuit, for example, as well as pursuing it to the final judgment.
Our team can investigate the case, gather evidence, identify all potentially responsible parties, file insurance claims, and argue your case when it’s time to do so. You have enough to worry about as it is—let Rosengard Law Group take care of the rest and bring you peace of mind.
Time is of the essence in wrongful death lawsuits, so don’t delay. If you’re looking for New Jersey wrongful death attorneys, reach out to Rosengard Law Group today and learn what we can do for you.