Wrongful Death Lawyer in Newark & East Orange NJ
When your loved one has passed away due to the reckless actions of another, you should hold the responsible party accountable. Burial costs, funeral fees, medical bills, and other mounting costs can burden you and other family members after they have passed away. Additionally, without your loved one, there is a gaping hole where their missing presence is felt. Among the items you can claim in your damages are the loss of:
- Valuable Services
There are many economic damages you can claim, including income, earning capacity, burial and funeral expenses, medical bills, and more. Your wrongful death attorney can guide you through the process of what you can claim in your wrongful death settlement. In addition, they will provide an accurate estimation that other parties will take seriously.
How Wrongful Death Lawyers Represent You in Newark & East Orange NJ
Your attorney can negotiate a settlement that fully represents the depth of the damage caused by the other party. Your loved one may be missed, but you will not have to suffer the financial consequences of another’s neglectful actions.
How Can a Wrongful Death Be Caused?
Wrongful deaths are caused by an accident that has mortally wounded your family member. Some of the more common incidents include the following:
- Fatal Car Accidents
- Commercial truck accidents
- Motorcycle accidents
- Occupational hazards
- Medical malpractice
- Product liability
- Birth injuries
- Slip and fall injuries
- Premises accidents
On average, wrongful death cases can result in a settlement that is anywhere between $150,000 and $1 million. This is because the death of someone is an important matter, and the family member that passed may have dependents who require their support.
Who is Liable for My Wrongful Death Damages?
The other party who acted neglectfully is the one who is liable for your damages. This may be an organization, an individual, or their insurance company. You can consult with a personal injury attorney if you are confused on this matter.
How is My Wrongful Death Settlement Calculated?
Using both economic and non-economic damages, your attorney will combine the two and create an accurate estimate based on industry standards.
The economic damages include lost wages, projected income, medical bills, funeral fees, and more.
Burial and Funeral Fees
Funerals are costly and can often burden the surviving family members during a time when they’re already grieving after the loss of a loved one. Funeral fees can include the casket, the tombstone, wreaths and flowers, invitations and pamphlets, and other necessary components of a funeral. There will also be expenses for the event, such as the viewing, the embalming of the decedent, and the burial. All of these costs add up but can be included in the settlement.
Lost Wages and Projected Income
Because the deceased individual cannot work, they may have left behind dependents and a surviving spouse who were relying on them for financial stability. When the victim passes away, this leaves their family unprotected. Our attorneys can accurately determine how much is owed to the survivors by calculating the lost wages, future projected income, and the victim’s earning capacity. This will provide a settlement that covers the cost of their livelong expenses without the help of their loved one.
The victim will be unable to cover any of the costs of their medical treatment before they passed away. They may have received medical stabilization to prevent death, emergency room treatment, and surgery. Additionally, they probably were prescribed medication, were given several clinical treatments, imaging scans, and medical tests. All of these healthcare services add up and become costly. These medical bills must also be included in the settlement.
If there was any property done to the victim, such as in a car or boating accident where the vehicle is dented, this can be included. This is especially healthy when the insurance company has a cap on how much can be repaired within the policy limits.
Loss of Future Inheritance
Because the victim is no longer working, they will not be able to provide a sizable inheritance for the descendants that they left behind. If the deceased individual was building a future for their loved ones, this amount can be calculated into the settlement.
Loss of Benefits
When the victim passes away, they sometimes leave behind benefits such as life insurance and pension funds, among other investments. If this is the case, our attorneys can incorporate this into the settlement and estimate how many benefits would not have been lost had they still been alive.
The non-economic damages are more abstract and include the pain and suffering of a victim, the loss of consortium and companionship, and other valuable benefits the individual provided as a family member. The accident’s severity will be used to calculate the settlement, as a more tragic accident will result in a higher amount.
Pain and Suffering
Your loved one may have undergone much strife after their accident, where their injuries caused them to be uncomfortable. They may have felt soreness, sharp pain, and other forms of discomfort. The decedent may have also experienced emotional distress, such as depression, anxiety, guilt, shame, and other negative feelings. Surviving family members can provide information on what they observed before their loved one passed away by sharing what the victim experienced on their behalf.
Loss of Consortium
This can be claimed by the surviving spouse or domestic partner who lost their loved one permanently to wrongful death. This is when the spouse is unable to be intimate with their partner because of their death. They can receive compensation for the loss of affection and companionship.
Loss of Guardianship
The settlement can include damages for the loss of guardianship if survivors are dependents who are minors. This is when the victim can no longer provide the support and nurture that the dependents need to thrive. The severity of this will be based upon how many dependents there are and how young they are.
Loss of Mentorship
When the deceased individual passes away, they can no longer provide guidance to the family members around them. Surviving family members lose their chance to learn life skills from the decedent, who cannot support them through their journey.
Loss of Valuable Services
The victim may have been a major help around the house, such as helping clean dishes, tend after children, cook, and fix broken items. When that individual is gone, the surviving family members who were dependent on them lose this valuable service. They may have to hire someone to babysit or request additional help.
Education and Certification
We may consider the level of education that the victim had, such as their degrees and their training and certification. Their contribution to society is important, and it can be disappointing when they are gone.
These damages are awarded in special circumstances when the other party was grossly negligent in their actions. For example, if the wrongful death was caused by someone acting ridiculous in some way where they could have easily prevented the demise of your loved one, this can be punished in court. This includes intentional actions, illegal activities, and neglectful behavior that could have lead to the death of your loved one. Punitive damages significantly increase the overall settlement amount but require proof that the other party was grossly negligent. Our attorneys will have to identify if the other party owed a duty of care, breached this duty, had causation, and created harm. When these four requirements are met, then they can prove that the other party was neglectful.
What Should I Do To Get Started On My Wrongful Death Claim?
Speak with a supportive wrongful death lawyer who understands what you are going through. Our dependable law firm can guide you through this terrible time; this way, you will not have to fight alone during this sad event. You and your family can focus on your grief and move past this moment while taking action against the other party. It is unjust that you should have to pay for damages caused by the wrongful acts of another and are left with devastation. Our attorneys can investigate your case to tell you if you and other survivors are due a settlement. We then take action by collecting evidence, gathering information, and communicating with the responsible parties.
Additionally, we will file a lawsuit on your behalf if the other party can’t agree to your terms and settle. We stay organized and will observe any filing deadlines to ensure that your claim is on track. When we represent your case, we provide accurate information, facts, and detailed evidence to prove how the other party is at fault for your loved one’s death. You can get started today and contact Goldstein & Goldstein for a free consultation.