Lawrenceville wrongful death attorneys are experienced in securing financial recoveries for grieving family members who have lost a loved one due to someone else’s wrongful conduct. These are very emotional cases and they can be extremely trying for family members whose lives have been turned upside down. On the other hand, these cases can often bring much needed closure to the family. When defendants are held accountable for their wrongful conduct and family members are compensated for losses related to the death of a loved one, it can be a little easier for families to move on from a terrible tragedy, especially when financial stresses are alleviated.
Types of wrongful death cases
- Car accidents are common wrongful death cases including those involving bicycles, pedestrians, and motorcycles.
- Work accidents may not be limited to workers’ compensation recovery if it can be proven that a third party, unrelated to the decedent’s employer, caused his or her death.
- Negligent security in an assault case where a business has failed to provide adequate protections. For example, when a robbery that results in death takes place in a poorly lit bank parking lot where robberies have previously occurred, a plaintiff may file a wrongful death claim based on negligent security.
- Medical malpractice resulting in death.
- Swimming pool accidents resulting in death due to someone’s negligence.
- Nursing home negligence that resulted in a resident’s death.
- An unprovoked dog attack resulting in death.
- A dangerous and defective product causing a consumer’s death.
Insurance companies may contact you with a settlement offer, but they are not your advocates and they will likely not tell you that you have a wrongful death claim or that you are entitled to more compensation than they are offering. Insurance companies are not on your side and they will often make a settlement offer that is significantly less than the amount to which you and your family are entitled.
A wrongful death claim may be brought in New Jersey on behalf of specific surviving family members. Recovery may include:
- The monies and benefits the decedent would have earned and contributed for the benefit of the survivors.
- The reasonable value of services, assistance, care, companionship, and guidance they would have received from the decedent.
- Related medical and funeral expenses.
A survival action may sometimes be appropriate depending on the case facts. In a survival action the administrator will seek damages on behalf of the plaintiff’s estate for injuries that the decedent sustained between the accident and the time of his or her death including:
- Hospital and medical expenses
- Lost earnings
- Disability and impairment
- Loss of enjoyment
- Pain and suffering
Emotional distress due to witnessing serious injury
Emotional distress is not recoverable by family members under a wrongful death claim, but there may be recovery for the emotional distress caused by someone witnessing serious injury to an intimate family member. They may recover compensation for mental and emotional anguish, distress, and harm suffered by the witness.
Contact a Lawrenceville wrongful death attorney with the Law Offices of Greg Prosmushkin, P.C. to discuss your claim and recovery options.