Manasquan Wrongful Death Lawyers
Manasquan Wrongful Death Lawyers
The loss of a loved one is an immensely traumatic experience for any family. When a family member passes away, the impacts can be felt in many facets of life, including emotional, financial, and social aspects. If you can prove that someone else’s actions led to your loved one’s death, that party may bear legal responsibility to compensate you for your losses. Contact a lawyer to explore your options for pursuing a wrongful death lawsuit and determining your eligibility for financial compensation.
What Is a Wrongful Death Case?
A wrongful death case arises when a family suffers a personal injury due to the death of a loved one caused by someone else’s actions. This legal framework is designed to address the suffering of those left behind. Unlike other personal injury cases where compensation is sought for direct injuries, a wrongful death lawsuit allows families to seek damages for their own suffering resulting from the loss. This type of lawsuit provides a legal avenue for families to recover compensation for their unique losses.
Why Wrongful Death Claims Matter
Wrongful death claims are critical because they serve to hold individuals or entities accountable for their negligent or intentional actions that result in loss of life. They provide financial relief to the surviving family members and promote safer practices within communities. When responsible parties are held accountable, it sends a message that negligence will not be tolerated, which can lead to changes that prevent similar tragedies in the future.
Examples of Wrongful Death Cases
Wrongful death cases can emerge from various circumstances, including but not limited to:
- Car Accidents: Collisions caused by negligent driving behaviors such as speeding, distracted driving, or driving under the influence.
- Truck Accidents: Incidents involving large commercial vehicles, often due to driver fatigue or improper maintenance.
- Slip and Falls: Accidents occurring on someone else’s property due to unsafe conditions.
- Premises Liability: Cases involving negligence in maintaining safe environments, including fires or negligent security.
- Product Liability: Deaths caused by defective or dangerous products that harm consumers.
- Medical Malpractice: Fatal errors made by healthcare professionals during treatment or diagnosis.
- Pedestrian Accidents: Fatalities involving individuals struck by vehicles while walking.
- Motorcycle Accidents: Accidents involving motorcyclists, often caused by negligent drivers failing to see them.
While the specifics of each case may differ, the legal standard for establishing wrongful death remains consistent across all circumstances.
Elements of a Wrongful Death Case
The primary objective in a wrongful death case is to demonstrate that the death was wrongful. This often involves proving that the responsible party acted negligently. Negligence refers to unreasonable actions taken under the circumstances. For instance, if a truck driver caused a fatal accident by speeding or driving under the influence, this behavior would be deemed negligent.
In many cases, proving negligence requires:
- Establishing Duty of Care: Demonstrating that the responsible party had a legal obligation to act in a manner that would prevent harm.
- Showing Breach of Duty: Evidence that the responsible party failed to meet this duty of care, resulting in harm.
- Proving Causation: Establishing a direct link between the negligent actions and the death of your loved one.
- Demonstrating Damages: Outlining the specific losses suffered by the family due to the death.
Challenges in Proving Wrongful Death
Proving a wrongful death claim can be complex. Families often face challenges such as gathering sufficient evidence, dealing with powerful insurance companies, and understanding the legal intricacies involved. This is where a wrongful death attorney becomes invaluable.
How Much Is My Wrongful Death Case Worth?
A Manasquan wrongful death lawyer cannot provide a precise value for your case, as it is contingent upon the significance of the deceased person to you and your family. Assigning a monetary value to a life lost can be challenging, yet it is necessary in these cases.
Factors Influencing the Value of a Wrongful Death Claim
Families may be entitled to recover damages, including:
- Financial Support: Compensation for the deceased’s income would have contributed to the family.
- Emotional Support: The guidance and emotional support provided by the deceased.
- Grief and Emotional Trauma: Compensation for the emotional distress experienced due to the loss.
- Loss of Companionship: Damages for losing physical and emotional intimacy with a spouse.
- Funeral and Burial Expenses: Reimbursement for funeral and burial services costs.
The potential value of a wrongful death claim can vary significantly based on numerous factors, such as the deceased’s age, health, and role within the family. For instance, the loss of a young parent may carry a higher potential recovery due to the future earnings and support they would have provided.
Survival Actions in Wrongful Death Cases
In addition to wrongful death damages, families may be able to file a survival action. This type of case compensates for the damages that loved ones suffered between the time of their injury and death, including:
- Medical Expenses: Costs incurred for necessary treatments before death.
- Lost Income: Earnings the deceased would have made had they survived.
- Pain and Suffering: Emotional and physical distress experienced between the time of injury and death.
These two cases are often litigated and settled together due to their interconnected nature.
Who Can File a Wrongful Death Lawsuit?
Typically, the named executor will file wrongful death and survival lawsuits. If there is no will, the court appoints a personal representative to proceed with the case. Eligible family members who may receive proceeds from a wrongful death lawsuit include:
- Surviving Spouse: Any minor children or grandchildren.
- Parents of the Deceased: Immediate family members.
- Siblings, Nieces, and Nephews: Extended family members may also qualify.
Priority in Distribution of Settlements
Priority is usually given to the surviving spouse and children when determining the distribution of any settlement or award. However, the laws surrounding wrongful death claims can vary by state, so it is essential to consult with an attorney knowledgeable about New Jersey’s regulations.
The Importance of Legal Representation
At Kitrick, McWeeney & Wells, LLC, we have dedicated over three decades to providing compassionate legal services to New Jersey families. Our Manasquan wrongful death lawyers understand the sensitive nature of these cases and are committed to advocating fiercely for your rights.
Our Commitment to Your Case
In the wake of losing a loved one, your focus should be on grieving and healing. The complexities of the legal process can be overwhelming, especially when dealing with insurance companies. A wrongful death attorney can alleviate these burdens by:
- Compiling Evidence: Gathering necessary evidence to support your case.
- Estimating Damages: Accurately assessing the value of your family’s losses.
- Filing Claims: Initiating the wrongful death claim or lawsuit on your behalf.
- Negotiating Settlements: Working towards a fair settlement or representing you in court.
Contact the Manasquan Wrongful Death Lawyers at Kitrick, McWeeney & Wells, LLC for Legal Help Today
If you have lost a loved one due to another party’s actions, please reach out to the Manasquan wrongful death lawyers at Kitrick, McWeeney & Wells, LLC. We are here to answer your questions, explain the legal process, and begin advocating for your family’s rights. To consult with one of our attorneys, call us today at 732-655-3168 or contact us online. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.
Manasquan, NJ
Hours of Operation
Tuesday: 8AM – 5:30PM
Wednesday: 8AM – 5:30PM
Thursday: 8AM – 5:30PM
Friday: 8AM – 5:30PM
Saturday: 8:30AM – 12:30PM
Sunday: CLOSED
Contact Us