One moment, you are planning a future with your loved ones, and the next, you are faced with an unimaginable loss. When that loss comes from someone else’s carelessness or wrongful actions, the pain can be even more profound, and having a Moorestown wrongful death lawyer on your side can make a world of difference. Rand Spear is a family-owned law firm, and we understand that no legal action can truly make things right, but we believe in fighting for the justice and support you deserve during this heartbreaking time.
We know you are going through more than just grief. There are unexpected bills, lost income, and a mountain of paperwork that seems to never end. It is overwhelming, and it is the last thing you should have to deal with while mourning. A Moorestown personal injury lawyer on our team can help you with the legal burdens.
How to Determine if You Have a Wrongful Death Case
Identifying whether you have grounds for a wrongful death case requires careful evaluation of the circumstances surrounding your loved one’s passing. Generally, a wrongful death claim may be viable if the death resulted from someone else’s negligence, recklessness, or intentionally harmful actions, so be sure you know exactly what the meaning of negligence is in law. This could include incidents such as car accidents caused by a drunk driver, medical malpractice, workplace accidents due to safety violations, or defective products that led to fatal injuries.
Key factors in a wrongful death case include proving the defendant’s duty of care, breach of that duty, and a direct link to the death. In a medical malpractice case, you must demonstrate that the healthcare provider’s negligence caused your loved one’s death. You will also need to demonstrate that the death has caused measurable damages to the surviving family members, such as loss of financial support, loss of companionship, or funeral expenses.
Consulting with a wrongful death attorney in Moorestown is essential in evaluating the strength of your case. A lawyer can review the details of your situation, gather necessary evidence, and provide insight into the potential success of your claim. They can also help you understand the legal process, potential challenges, and the types of compensation you may be entitled to pursue.
Eligible Parties to File a Wrongful Death Claim
In New Jersey, the law specifies who can file a wrongful death claim on behalf of the deceased person’s estate. The personal representative or executor of the deceased’s estate is typically responsible for initiating the legal action. Parties who can file a wrongful death claim eligible to receive compensation from a wrongful death claim include:
- Surviving spouse
- Children or grandchildren
- Parents
- Siblings
- Nieces or nephews
Any person who can prove they were dependent on the deceased
While the personal representative files the claim, they do so on behalf of the eligible surviving family members. The compensation awarded in a successful wrongful death claim is distributed among these beneficiaries. The amount will be according to their degree of dependency on the deceased.
Moorestown Wrongful Death Lawyer Near Me (215) 985-2424
Potential Forms of Compensation
Wrongful death claims in New Jersey can provide various forms of compensation to help alleviate the financial and emotional burdens placed on surviving family members. The specific types and amounts of compensation available depend on the unique circumstances of each case. Potential forms of compensation may include:
- Burial and funeral costs
- Expenses for medical care related to the deceased’s final injury or illness.
- Loss of household services the deceased performed
- Loss of companionship, guidance, and emotional support
- The loss of financial support and benefits that the deceased would have provided.
- Mental anguish and emotional distress of surviving family members
You should work with a wrongful death attorney in Moorestown who can accurately calculate and pursue the full extent of damages you are entitled to. Your Moorestown wrongful death lawyer will consider both current and future losses, potentially enlisting the help of economic experts to project long-term financial impacts. Remember, while no amount of money can replace your loved one, fair compensation can provide financial stability and help honor their memory.
What if Your Loved One Is Blamed for the Accident
In some wrongful death cases, the defendant or their insurance company may attempt to shift blame onto the deceased person to reduce their liability. This tactic, known as comparative negligence, can significantly impact the outcome of your case. In New Jersey, the modified comparative negligence fault rule applies, indicating that if your loved one is deemed more than 50% responsible for the accident resulting in their death, you may not be able to receive compensation.
However, if your loved one shares 50% or less at fault, you can still pursue a claim, but the compensation awarded will be reduced by their percentage of fault. For example, if the total damages are $1,000,000 and it is determined that your loved one is 30% at fault, the maximum recovery would be $700,000. It is important to have an attorney who can effectively counter-arguments attempting to assign undue blame to your loved one.
Your wrongful death lawyer in Moorestown will thoroughly investigate the circumstances of the accident, gather evidence, and work with experts, if necessary, to build a strong case that accurately represents your loved one’s role in the incident. They will also be prepared to negotiate with insurance companies and defense attorneys who may try to exploit New Jersey’s comparative negligence laws to minimize their payout. Remember, even if your loved one may have played a role in the accident, it does not necessarily mean you do not have a valid claim for compensation.
Let a Moorestown Wrongful Death Attorney Take Some of the Burden Off
Contact Rand Spear today for a free, no-obligation consultation to discuss your case. Our family-owned firm is dedicated to providing personalized attention and aggressive representation to ensure your rights are protected and your loved one’s memory is honored. Let us handle the legal complexities while you focus on healing and remembering your loved one.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
