When a loved one dies, it is always a devastating moment for the survivors. As much as we pray that such an unfortunate thing does not happen, death is inevitable. The situation is even more shattering if the death was due to the negligence of another person. Even at this difficult moment, you need to know your loved one gest justice. As the family of the deceased, you can file a wrongful death claim to get compensated by the party at fault. An experienced personal injury attorney in New Jersey can help you with this process. However, do you know what the claim entails? Here is an overview of the components of a wrongful death claim.
Understanding a Wrongful Death Claim
This type of claim is related to criminal charges against the person who caused the death of the loved one. Remember, in a criminal charge, the wrongdoer is punished through fines or imprisonment. However, the family will need to file a lawsuit in order to get compensated.
Who is Involved in the Claim?
Now that the victim is dead, the family will take the part to file the claim. The family will be the plaintiff while the wrongdoer is the defendant. The family will file the lawsuit on behalf of their deceased loved one against the person and negotiate compensation.
What is Considered Enough Proof in a Wrongful Death Claim?
For a wrongful death claim to succeed, there is a need for enough proof that the death was due to the negligence of the other party. Here are several elements;
Duty of Care
This simply means that the defendant had the chance to act responsibly to prevent death. It could be a nanny left to take care of a child, a driver who should observe traffic rules, and more. There is a need for enough proof that the defendant has the responsibility of looking after the plaintiff.
Breach of Care
After proof that the defendant was responsible for the deceased, there must be proof that they breached their duty. For instance, there is a need to prove that the nanny was away when the child drowned in a swimming pool or the driver was texting when they knocked off a pedestrian.
After proving the two things above, there must also be proof that the breach of duty was the cause of the death.
These are crucial elements that a plaintiff must provide in order to have a case.
What is the Compensation?
When the claim succeeds, the family receives compensation on behalf of their deceased loved one. Compensation involves monetary damages like lost inheritance, medical expenses when the deceased was alive, and burial expenses. It can also come from intangible things like the pain and suffering of the loved one, loss of companionship, loss of parental guidance, and more.
Get a Qualified Personal Injury Lawyer
If the death of your loved one was due to the negligence of another person, it will be crucial to have another experienced person by your side at this difficult moment. Remember, dealing with the claim is not easy when overwhelmed with all these emotions. So, contact a personal injury lawyer to assist you.