Newark, NJ Wrongful Death Attorney
Many families who have lost a loved one may be under the impression that there is nothing they can do to seek justice for their family member’s death. In actuality, many families are entitled to file wrongful death lawsuits against parties who may have caused an accident or otherwise shared responsibility in causing the conditions that led to your loved one’s death.
Work with one of our Newark, NJ wrongful death attorneys for help determining who is at fault in your case and what damages you could be entitled to. Many families can seek financial compensation, especially for accidental deaths from car crashes, defective product injuries, and even medical malpractice.
For a free case review, call our law offices today at (718) 841-0083. At The Carrion Law Firm, our Newark wrongful death attorneys are prepared to take your case.
What Kinds of Cases Qualify for Wrongful Death Lawsuits in Newark, NJ?
As mentioned, there is a wide range of accidents and situations that fall under the category of “wrongful death.” Generally, any death that occurs because of conditions that someone else created could be grounds for a wrongful death lawsuit. More specifically, any time that the injury and death can be linked to a mistake or error that someone else committed, the at-fault parties could be held liable for the death. The same is true in cases of criminal killings, meaning that murder and manslaughter almost always qualify for wrongful death lawsuits.
Although there are other types of wrongful death cases not listed here, the following are some of the more common causes of death that our Newark, NJ wrongful death lawyers can help with:
Car, Truck, Motorcycle, and Bike Accidents
Auto accidents are one of the leading causes of accidental death in the country. Many drivers, passengers, and pedestrians are killed in car accidents each year. New Jersey law is set up to use a no-fault system for recovering damages after a car crash, but if your loved one was killed in a car accident, a lawsuit is always permitted against the at-fault driver for damages.
In some cases, such as crashes involving commercial drivers like truckers and bus drivers, the transportation company that hired the driver can also be sued. This could open access to higher damages from these large companies.
Dangerous and Defective Products
Many deaths are caused by dangerous and defective products. It is one thing if someone misuses a product and gets injured because they ignored warnings. It is a different situation entirely if the victim was injured or killed while using the product as directed – or if the product lacked sufficient warnings to keep the user safe.
Our Newark wrongful death lawyers can certainly help with wrongful death cases involving the following products:
- Household products
- Tools and machinery
- Medical devices
- Safety gear
- Auto parts
Dangerous Premises/Premises Liability Injuries
When you visit someone else’s property – whether that be a private home, an apartment, a store, a restaurant, a hotel, or any other property – there are expectations that the property will be safe for guests. Especially when it comes to places where customers go, the property should be safe, and owners/managers should seek to prevent guests and customers from being injured.
If your loved one was killed by any of the following hazards or dangers, a wrongful death lawsuit might be available:
- Structural collapse (decks, balconies, buildings, etc.)
- Railing collapse/falls from heights
Talk to our Newark wrongful death lawyers about the facts of your loved one’s death to see if a wrongful death lawsuit is available on these grounds.
If a doctor’s failure to follow the standard of care in your loved one’s case led to their eventual death, that could be grounds for a wrongful death lawsuit. A deviation from the standard of care often stems from a doctor’s inexperience, inattention, or unwillingness to properly treat a patient. It can also stem from issues with testing or imaging that prevent the doctor from being able to make proper care decisions.
Medical malpractice can lead to death in many situations, including the following:
- Denial of care
- Surgical errors
- Failure to diagnose
- Foreign objects left inside during surgery
- Hospital-acquired infection or illness
In many cases, the doctor does not kill the victim; their injury or illness does. However, if proper medical care would have reduced the risk of death, the family can often file a lawsuit for their loved one’s lost chance of recovery.
Who Files a Wrongful Death Lawsuit in Newark, NJ
Under New Jersey law, the wrongful death victim’s administrator is the one who files the wrongful death case. This person is usually appointed by the court or named in the deceased’s will. Sometimes they are referred to as the “executor,” but no matter the specific name, this representative files the lawsuit.
Sometimes, this person is a family member – but the administrator could instead be a lawyer or other person trusted with carrying out the deceased’s wishes after their death. This means that you might not have direct control over the filing of the wrongful death lawsuit. But as the victim’s family, you nonetheless have the right to hire a lawyer and have them represent your interests in the case. In some cases, our Newark wrongful death lawyers may be able to have the court appoint you as administrator so that you can file this claim directly.
No matter who files the case, it is clear that the family still receives the ultimate benefits of the lawsuit. These damages are paid to the victim’s family under distribution laws similar to those used when someone dies without a will. Talk to our Newark wrongful death lawyers about how to file this lawsuit and how damages are paid.
Call Our Newark Wrongful Death Lawyers
For a free review of your potential wrongful death lawsuit, call The Carrion Law Firm’s Newark wrongful death lawyers today. Our number is (718) 841-0083.