Losing a loved one is one of the most difficult things a family can ever face. When a cherished family member passes away, it’s bad enough; when their death comes as a result of someone else’s actions or negligence, it can be even harder to accept. As a family member, you may be angry. You may be unable to pay your bills. You may want to ensure that the people responsible are held accountable.
Hiring a wrongful death attorney may not bring your loved one back, but it can give you some legal recourse to recover money damages you can use to cover your expenses and regain some semblance of your normal life. Here’s more about wrongful death lawsuits from the team at Malamut Law:
What is Considered a Wrongful Death?
There are multiple federal laws, as well as individual state laws, that cover wrongful death. In general, a wrongful death occurs when a person’s death comes as the result of another party’s intentional actions or negligence. This can include deaths that occur during the commission of criminal acts.
A wrongful death can come as the result of any of the following situations:
- Automobile Accidents
- Accidents on Another Person’s Property
- Medical Malpractice
- Accidents in the Workplace
- Defective Products
- Criminal Acts
In cases like these, a personal representative of the deceased person’s estate has the right to sue on behalf of the surviving family. That person could be an attorney, a family member, or anyone else who was named as the executor of the estate or estate administrator. However, this may vary from state to state. Plaintiffs can pursue economic, non-economic, and punitive damages in these cases.
Say, for example, that your husband, the primary breadwinner of your household, was killed by a drunk driver. This is very clearly a wrongful death, and you could sue the drunk driver for economic damages to recover the income your family lost because of your husband’s passing, as well as the costs associated with any medical care or funerary expenses your family incurred as a result. You could also sue for non-economic damages that would cover the mental anguish and suffering you have endured during your bereavement. And because this case would involve a criminal act, you could also sue the drunk driver for punitive damages that would punish them for their actions in addition to any criminal charges they received.
Cases involving negligence can be less clear-cut. For example, say your breadwinner husband was having dinner at a neighbor’s house and fell down the stairs to his death because of an unsafe handrail. In this case, you would need to prove that the neighbor owed your husband a duty of care, that they breached that duty, that the breach directly caused the death, and that the death resulted in quantifiable damages for you as a surviving family member. While everyone owes a duty of care to people inside their homes, proving that the unsafe handrail was their fault may be more difficult. It could be the fault of a negligent contractor, for example. An attorney can help you decide who the appropriate party to sue is and help you gather evidence of negligence.
Statute of Limitations in Wrongful Death Lawsuits
It is important to know that you have a limited window to file a wrongful death lawsuit. The statute of limitations is governed by state law. In many states, you must file your lawsuit within 2 years of your loved one’s death. The statute of limitations can be extended in some cases where you were not immediately aware that another person caused your loved one’s death or if the defendant is a governmental entity.
If you have lost a loved one due to another person’s actions or negligence, it is important that you speak to an attorney as soon as possible. Many attorneys, including those at Malamut Law, operate on a contingent-fee basis in wrongful death cases, meaning they won’t charge you anything unless you recover damages, so you have nothing to lose by calling a law firm for a consultation.
Get in touch with Malamut Law today if you need a wrongful death lawyer in South Jersey or anywhere else in New Jersey. Your loved one would want to ensure you are taken care of and that the people responsible for their death are held accountable. Call a wrongful death attorney today and pursue the compensation you deserve!
