If your family suffers a tragedy like losing a loved one unexpectedly, it can be a devastating experience. If it was due to someone else's carelessness, it can be even worse, emotionally, for the entire family. When this occurs, it's normal for surviving family members to hold that party responsible. Under which circumstances can you sue in a wrongful death case in New Jersey?
Learn more about wrongful death cases in the following article. We will offer some examples about the most common wrongful death lawsuits.
Victims of a wrongful death in New Jersey have legal options. Consult with a NJ wrongful death lawyer to discuss your case and determine appropriate steps to take. Brandon J. Broderick, Attorney at Law has years of experience in New Jersey personal injury. We can provide the legal help you need to ensure you and your family are compensated fairly.
What is Wrongful Death in New Jersey?
"Wrongful death" refers to death brought on by the carelessness of another person or entity. In many ways, a wrongful death case is similar to a personal injury lawsuit, although the plaintiff seeking compensation in a wrongful death action is the estate of the deceased victim instead of the victim themselves. In wrongful death lawsuits, the victim's estate may file a wrongful death claim if the victim would have been able to pursue a personal injury claim for their injuries, lost wages, medical expenses, and other damages if they had survived.
The estate of a deceased victim in a wrongful death action may not seek compensation for their own emotional pain and suffering, despite the fact that wrongful death and personal injury claims are similar. Family members may only file claims for emotional distress related to a loved one's death in specific situations. If they witness death, for example.
Examples of Wrongful Death Lawsuit Types
Almost any kind of accident scenario can lead to a wrongful death lawsuit. Typical types of accidents that can be fatal and considered wrongful death include the following:
Motor Vehicle Accidents
In motor vehicle accidents each year, which includes both car and truck accidents, nearly 40,000 people are killed. Many of these accidents are the result of negligent driving, which could be drunk driving, texting while driving or ignoring traffic signs. In certain cases, a wrongful death claim may be filed. Truck drivers and trucking companies are commonly the target of wrongful death claims because they tend to be more serious and fatal.
Premises Liability
Owners of property are responsible for maintaining the land or may be found liability for accidents or injuries that occur there. Accidents, such as slip and falls for example, that result in death are common examples of a wrongful death claim under the premises liability category.
Product Liability
A company has to ensure that its product is safe for customers. A wrongful death lawsuit may be brought against that company when a product is faulty and it causes someone to lose their life as a result of the defect, whether the defect was caused by the product's design, assembly, or marketing.
Claims of product liability in personal injury claims allege that a person was injured by a harmful and unsafe product. To support their claim, a product liability lawyer may argue negligence, failure to warn, strict product liability, and violation of explicit or implied warranty.
Prescription Medication Error
Prescription medication and illegal drugs leading to death is an example of a wrongful death claim. Phil Hartman's death is a specific example. His wife had a mental breakdown where she killed herself and her husband as a result of taking prescription medicine for minor depression, according to their family.
Medical Malpractice
When a patient sustains injuries as a result of a medical provider's mistake or negligence, it is considered medical malpractice. A misdiagnosis or delayed diagnosis, neglect to treat, prescription medication errors, surgical errors, and mistakes to a mother or child during birth are common examples of medical malpractice that result in death.
Bicycle or Pedestrian Accidents
Fatal outcomes can occur when a motor vehicle hits a cyclist or pedestrian. When a pedestrian or bicyclist is involved in an accident, the driver of the car is typically at fault. If it results in death, this may lead to a wrongful death lawsuit.
Workplace Accidents
A workers compensation claim for death benefits is usually the result of an illness or accident that occurs on the job. However, there may be other parties at fault outside of your employer. In cases where faulty equipment leads to the death, a wrongful death lawsuit may be filed against the marker of the equipment.
Reach Out To Brandon J. Broderick For Help With Your NJ Wrongful Death Lawsuit
You have a right to damages if your loved one passed away in an accident brought on by the carelessness of another. Our wrongful death lawyers will work to get you fair compensation for your losses.
Money will not bring back your loved one, but it can prepare you for the future without them.
Call us today to discuss the details of your case.