Marlton Wrongful Death Lawyer
An unexpected death can be devastating to a family. Maybe your loved one died in a car accident. Perhaps they were assaulted. Maybe a negligent doctor led to your parent’s death. Or it’s possible that a defective product caused your sibling’s death.
A person can die in a number of ways. When someone else’s negligence causes a person to die, the surviving family members can file a wrongful death claim. A wrongful death claim is not a criminal case, although if the negligent party was engaging in illegal activity at the time of your loved one’s death, then there can be both a civil and criminal case against the person.
Winning a wrongful death lawsuit requires skills and experience. You need a trial lawyer with courtroom experience to advance your case. When you and your family are experiencing the devastating effects of a wrongful death, trust in a Marlton wrongful death lawyer from Monaco Law PC to help you get the compensation you need to pay for your loved one’s damages.
Causes of Wrongful Death
The most common causes of wrongful death include the following:
- Auto accidents
- Pedestrian accidents
- Airplane accidents
- Train accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Nursing home abuse or neglect
- Slips and falls
- Dog bites and animal attacks
- Lack of supervision (such as drownings)
Elements of Wrongful Death
There are four main elements in a wrongful death case:
- Death of a human being
- Death caused by another person’s negligence or intent
- Damages caused by the person’s death
- A personal representative for the decedent’s estate
Damages in a Wrongful Death Case
Each state has different laws when it comes to wrongful death. New Jersey’s wrongful death law only allows family members to recover compensation for financial losses. Therefore, any emotional damages would not be awarded to the surviving family. Neither are punitive damages, for the most part.
However, some families may be able to seek emotional damages in a different type of claim. For example, if surviving family members witnessed the death and suffered extreme distress over it, they may be able to seek compensation for emotional damages through a claim for emotional distress. Additionally, New Jersey’s Survival Act allows the deceased’s estate to recover damages for the pain and suffering the deceased individual endured immediately before death. If the estate recovers these damages, they become part of the estate and may be distributed to the survivors.
Contact Monaco Law PC Today
After a loved one’s death, you are likely dealing with various emotions and monetary damages. With the right legal help, you can recover adequate compensation to help you pay for expenses and move on from such a tragedy.
Seek legal help from Monaco Law PC. Trust us to handle your case and seek financial recovery for your New Jersey wrongful death case. Schedule a free consultation with a Marlton wrongful death lawyer today by calling (609) 277-3166 or filling out the online form.