Archive for September 21st, 2015
The Basics: A wrongful death claim can be initiated when a person passes away as a result of a legal fault or wrongful conduct of another person or entity. This act of negligence can range from medical malpractice resulting in death to fatal car accidents.
Who May Claim: The survivors who suffer damages from the passing away of the victim appoint a legal representative to file the lawsuit. In most cases, immediate family members are the persons who initiate wrongful death claims; this includes children (adopted children) and spouses of the deceased. If the deceased was unmarried, the parents may also be able to file a wrongful death claim.
The Burden of Proof: For a successful wrongful death claim, it must be proven that the defendant’s actions or negligence precipitated in the passing away of the victim.
Damages To Claim: The most common damages awarded in wrongful death claims are compensatory; medical and funeral expenses pertaining to the death and loss of the deceased’s expected income and pension.
Contact the Law Offices of Charney & Roberts LLC in Linden, New Jersey.