Losing a loved one is an immensely painful experience. When it happens due to negligence on the part of a motorist, manufacturer, or other parties, it can be especially devastating. As you work to heal in a difficult time, it is important that you understand your legal rights. A wrongful death attorney at Dunne, Dunne & Cohen, LLC in Hoboken, NJ, can help you seek justice and recover compensation for your loss.
Who Can File a Wrongful Death Claim?
Wrongful death claims are personal injury cases that arise from the loss of a loved one on account of another party’s actions. In New Jersey, certain conditions must be met to constitute a wrongful death. Specifically, it must be demonstrated that, had he or she survived, the victim could have brought a personal injury claim against the responsible party. In other words, a wrongful death can be thought of as a personal injury claim in which the victim cannot file his or her own claim due to fatal injury.
As the victim’s loved one, you can file a claim on his or her behalf. Typically, wrongful death claims are filed by the executor or personal representative of the victim’s estate. Damages recovered in these cases are usually distributed to surviving family members or those who were dependent on the deceased individual at the time he or she died.
Wrongful death claims can arise from any scenario in which a personal injury case would have been appropriate to file had the victim survived.
What Are Some Common Causes of Wrongful Death?
Often, these cases are brought about after losses resulting from:
- Workplace accidents
- Construction accidents
- Motor vehicle accidents
- Medical malpractice
- Defective products
How Is Negligence Proven in a Wrongful Death Suit?
In order to successfully pursue a wrongful death suit, the victim’s representative must prove:
- The negligent party had a responsibility to act in a certain manner or provide a certain level of care
- The negligent party breached his or her duty to act in this manner
- Because the negligent party failed to uphold his or her duty, the deceased suffered a fatal injury
The wrongful death attorneys at Dunne, Dunne & Cohen can help prove your loved one’s death was the result of a negligent or reckless act by another party and ensure that you receive just compensation for your loss.
What Types of Damages Can Be Recovered in a Wrongful Death Suit?
In a wrongful death case, damages may be recovered by the surviving parents, children, spouse, grandchildren, siblings, nieces, nephews, or any other person who was dependent on the deceased individual. Those damages may include:
- Lost earnings and benefits such as medical coverage and pension plans
- Non-economic damages such as mental anguish and loss of consortium
- Punitive damages intended to punish the defendant for his or her conduct
At Dunne, Dunne & Cohen, you get more than legal representation - you get compassionate counsel at a time when you desperately need it. We are a team ready to help you during a difficult period. To schedule a consultation, contact us online or call one of our three offices.