How to Determine If You Have a Wrongful Death Claim
The death of a loved one is one of the most difficult
tragedies a person will ever face in his or her life. When that person is taken
away from you shockingly and suddenly, it can be a truly devastating
experience. Money certainly can't bring them back or fill the void in your
heart, but if you have a successful wrongful death claim, it can help you
provide for yourself and your family as you attempt to rebuild your lives.
In order to determine whether you have a successful claim or
not, you'll need to meet with a wrongful
death attorney Woodbridge NJ for a consultation. Here are the elements of a
successful wrongful death lawsuit that will need to be true for your case.
Negligent Party
Wrongful death and murder are not the same things. Murder is
a criminal action that causes one's death; while wrongful death occurs when a
death is due to negligence. If someone is killed in a car accident, for
example, that can be a great example of a case where a wrongful death attorney in can help you win a lawsuit.
The key to the case is negligence on the part of the party
who caused the death. The meaning of negligence is that the death could have
been prevented if the party who caused the death had taken a different action.
Using the car accident example above, if speed was a factor in the crash, you
might have a strong case for a wrongful death, as the driver would not have
caused the accident if not for the speed.
Financial Losses
In order to collect any compensation from your loved one's
death, you must prove financial loss caused by his or her death. In order for
that to be the case, you have to be considered an eligible family member of the
deceased, such as a spouse or a child. In this case, you must show the
deceased's job, compensation, and the financial strain that it has placed on
your life and the lives of those who depend on you. You may provide enough
proofs of financial losses with the help of a personal
injury attorney Woodbridge.
Having the Right Lawyer
In order to have a good case succeed, you need to have a
compassionate and professional lawyer who understands wrongful death lawsuits
and how to successfully argue them. You need someone who believes in your case
and can successfully present your arguments in a way that will convince a judge
of your claim. No matter what your case is, it's important to have a personal injury attorney who believes in
both you and your case.
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