The last thing on your mind after the loss of a loved one is filing a lawsuit. However, if you decide to file a wrongful death claim, it can benefit your family in various ways. Even if you aren’t sure about the ability to file a claim, it’s important to at least review your family’s situation. The Law Offices of James C. DeZao, P.A. can help you understand whether or not you have a claim and how filing one can benefit your family.
Who is Allowed to File Wrongful Death Claims?
Wrongful death claims can be filed by a host of different people, including the spouse of the deceased. If the deceased person’s spouse is no longer living, the children of the deceased could also be permitted to file a claim. Others who could legally be allowed to file a claim include stepchildren, parents, and domestic partners. Just because someone is named in a will, or is a blood relative, does not mean they can sue for wrongful death.
Recoverable Damages in a Wrongful Death Suit
If your family determines that they have the basis for a wrongful death lawsuit, you will be able to recover the following damages:
- The loss of inheritance
- Any medical expenses incurred prior to your loved one’s death
- The pain and suffering of surviving family members
- The loss of wages and other support the deceased family member would have provided
- Funeral and burial expenses
- The loss of affection, nurturing, care, and love provided by the deceased
- The loss of services provided by the deceased
Protect Your Financial Future
One of the biggest benefits of filing the various types of wrongful death claims is that you are able to protect your financial future. By acquiring compensation through a wrongful death claim, you will be able to pay for medical and funeral expenses incurred by the death of your loved one. You won’t have to pay for either of these expenses using your own money if you file for and are successful with a wrongful death lawsuit.
Elements of a Wrongful Death Claim
The elements of a wrongful death claim include the following:
- Someone must have died
- The death must have been caused by someone else’s negligence or had an intent to harm the victim
- Surviving family members must be suffering from monetary harm due to their loved one’s death
- The estate of the deceased must have a personal representative appointed to oversee it
Most wrongful deaths occur because of the following:
- Motor vehicle accidents
- Medical malpractice
- Criminal activity
- A death that occurs during a supervised activity
- Exposure to hazardous conditions as part of your occupation
Questions About Wrongful Death Claims? Call an Attorney Today
If you have lost a loved one due to the negligence of someone else, or because of their intentional actions, it is in your best interest to speak to an experienced wrongful death attorney in New Jersey as soon as possible. Call The Law Offices of James C. DeZao, P.A. at (973) 358-6134 at your earliest convenience to schedule a consultation. We will fight for your right to compensation so you do not have to take out a loan or go into debt to pay for your loved one’s funeral.