There is no way to adequately compensate the survivors when they have lost a loved one. However, in practical terms, the family is suffering financially as well as emotionally. When Wrongful Death Attorneys Woodbridge NJ file a lawsuit on behalf of the family, this is the only way that survivors can be compensated for their losses.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of personal injury lawsuit filed again the person legally responsible for the death. It’s possible for a personal injury lawsuit to convert to a wrongful death claim if the injured person dies. A wrongful death claim can be filed if:
* Someone is killed intentionally.
* Someone accidentally dies because of another’s negligence. The defendant can be a person, corporation or government.
* Someone dies from medical malpractice. This could be from a wrong or missed diagnosis or substandard care.
The worker’s compensation system, however, is the only way to pursue claims for workplace deaths and injuries.
Who Can File a Wrongful Death Claim?
State law determines who is entitled to be named as a survivor, but normally survivors include the immediate family, the spouse, children or parents. The claim is filed by whoever is acting as a representative of the estate.
Who Can be Held Responsible for a Wrongful Death?
In some instances, a government agency or government employee is considered immune and cannot be held responsible for a wrongful death. Almost any other person, group, business and most government agencies or personnel can be named as defendants in a wrongful death lawsuit.
For example, if someone leaves a bar drunk, drives away and gets in an accident that results in a fatality, those that could be held responsible might include:
* The driver
* The owner of the bar
* The bartender or servers
* The government agency that neglected to post a warning of a roadway hazard
* Those who designed or built a defective road
* Those in the manufacturing and distribution chain of a defective part in the vehicle
The Wrongful Death Attorneys at Harrell Smith & Williiams LLC in Woodbridge NJ have successfully recovered millions of dollars for those who lost a loved one. They will help you get the compensation that is due. Call to schedule a free consultation with these experienced Wrongful Death Attorneys Woodbridge NJ.
