New Brunswick Wrongful Death Lawyer

Wrongful Death Lawyer New Brunswick NJ

As a New Brunswick NJ wrongful death lawyer has seen in past cases, sometimes medical professionals make grave mistakes. Imagine that you or a loved one has been injured or passed away because of medical malpractice. Under these dreadful circumstances, compensation may be in order. Determining exactly how much you deserve, however, can be tricky. Anyone who has been injured or lost their life because of a doctor’s negligence or oversight is strongly encouraged to contact us at the Law Firm of Edward Blinder, PLLC immediately for further guidance. Here are some factors that contribute to your case’s ultimate worth.

Medical Costs

Every medical malpractice lawsuit begins with the price of treatment. Additional doctor’s visits, medications, and surgery are all unwarranted financial burdens. The concrete expense of care that would have otherwise been unnecessary should be simple to figure out. As long as you are saving receipts, determining this amount is a simple matter of addition. Calculating future costs is much trickier. Working out this equation can be eased with a professional assessment. If your loved one died because of a doctor’s mistake, this means you may be left with their medical bills. You should not have to pay for such a tragic error, so please contact a New Brunswick wrongful death lawyer as soon as possible.

Lost Income

The harm you endure under a doctor’s care might leave you with an inability to work. When this happens, the money you had good reason to believe would be there in the future suddenly disappears. Workplace benefits, such as insurance, pensions, vacation time, and 401(k)s, will also be gone. The immediate disappearance of these monetary support systems can severely impact a spouse’s lifestyle, as well as those of others who depend on the injured person’s economic support. Losing reasonably expected assets should be incorporated into your case.

Pain and Suffering

Unlike medical payments and loss of income, the value placed on your physical discomfort is entirely arbitrary. Nonetheless, your anguish should be made up for with a cash reward. Additionally, you might experience a sudden inability to participate in beloved activities, either temporarily or permanently. This shocking alteration to one’s way of life can be highly distressing. Our team is adept at selecting amounts that accurately reflect what your situation warrants, while considering the emotional nature of cases like these.

Missing Companionship

Losing a spouse or life companion is always difficult; there’s no substitute for your one true soulmate. It’s even tougher when it happens as a result of preventable misfortune such as medical malpractice. The sorrow you feel can greatly affect your mental well-being and even your physical health. As with pain and suffering, the dollar value attached to your hardship is totally subjective. Let an experienced lawyer from our team decide how much money makes up for your anguish.

Every victim of medical malpractice should be given proper restitution. Determining the specific value to place on such a heart wrenching loss requires expertise. Hire a New Brunswick wrongful death lawyer to assess your situation and figure out a value that accurately reflects what you should get. At the Law Firm of Edward Blinder, PLLC, we are prepared to take your call.

What Qualifies as a Wrongful Death Case

As a New Brunswick, NJ wrongful death lawyer can tell you, wrongful death cases refer to cases where a person’s death was caused by a negligent party. These cases involve situations where the deceased person would have had grounds to file a personal injury lawsuit if they had survived. Wrongful death claims can stem from various circumstances, such as car accidents caused by a drunk driver, medical malpractice, defective products, workplace accidents, or criminal activities. To establish a wrongful death case, it is crucial to demonstrate that the responsible party’s actions directly led to the death and that surviving family members have suffered measurable damages as a result.

Who Can File a Wrongful Death Claim

A New Brunswick wrongful death lawyer can tell you that certain individuals are referred to as statutory beneficiaries,and they have the legal right to file a claim. The eligibility criteria vary by jurisdiction but generally include immediate family members such as spouses, children, and parents of the deceased. In some cases, domestic partners or financial dependents might also be allowed to file a claim. If the deceased person didn’t have immediate family, the right to file a claim might extend to other relatives, like siblings or grandparents. It’s important to understand the legal framework of your jurisdiction to determine who is eligible to bring forth a wrongful death claim.

What Qualifies as a Wrongful Death Case

A wrongful death case can happen when a party commits reckless or negligent acts that leads to a person’s death. These cases involve situations where the deceased person would have had grounds to file a personal injury lawsuit if they had survived. Wrongful death claims can stem from various circumstances, such as car accidents caused by a drunk driver, medical malpractice, defective products, workplace accidents, or criminal activities. To establish a wrongful death case, it is crucial to demonstrate that the responsible party’s actions directly led to the death and that surviving family members have suffered measurable damages as a result.

Who Can File a Wrongful Death Claim

In a wrongful death case, specific individuals, usually referred to as “statutory beneficiaries,” are entitled to file a claim. The eligibility criteria vary by jurisdiction but generally include immediate family members such as spouses, children, and parents of the deceased. In some cases, domestic partners or financial dependents might also be allowed to file a claim. If the deceased person didn’t have immediate family, the right to file a claim might extend to other relatives, like siblings or grandparents. You should have a basic understanding of the legal framework so that you can find out who is eligible to file a wrongful death claim.

When to Speak to a Lawyer

If you suspect that your loved one’s death might have been caused by another party’s negligence, it’s advisable to consult a wrongful death attorney as soon as possible. Legal professionals can provide guidance right from the beginning, helping you understand whether you have a viable case and what steps to take next. Generally, you should speak to a lawyer as soon as you become aware of the potential wrongful death situation, as evidence can deteriorate and statutes of limitations could affect your ability to file a claim. Contact a skilled New Brunswick wrongful death lawyer from the Law Firm of Edward Blinder, PLLC to receive the legal services and assistance you need now.

Filing A Wrongful Death Claim In New Jersey

Losing a loved one due to someone else’s negligence or intentional act is a devastating experience, as a trusted New Brunswick, NJ wrongful death lawyer knows. In New Jersey, survivors can seek compensation for their loss through a wrongful death claim. If you believe you might have a valid wrongful death claim, contact the Law Firm of Edward Blinder, PLLC.

1. Determine Eligibility: Before initiating a claim, ascertain who is legally eligible to file. In New Jersey, the decedent’s personal representative (executor or administrator of the estate) typically files the wrongful death claim. If the decedent did not have a will or named personal representative, the court can appoint one. Any damages awarded are distributed to the decedent’s heirs.
2. Timely Filing: New Jersey has a statute of limitations for wrongful death claims, which is generally two years from the date of the decedent’s death. This means that you must file the claim within this period, or you might lose the right to do so.
3. Consult with a Lawyer: It’s essential to consult with a New Brunswick wrongful death lawyer experienced in wrongful death claims. They will assess the merits of the case, estimate potential compensation, and guide you through the complexities of the legal process.
4. Investigation: Your attorney will conduct a thorough investigation to collect evidence supporting the claim. This might include police reports, medical records, eyewitness testimonies, and expert opinions.
5. Determine the Value of the Claim: In New Jersey, compensation in wrongful death claims can cover funeral and burial expenses, medical bills related to the decedent’s final injury or illness, lost income or benefits, and services the deceased would have provided. It’s worth noting that New Jersey does not allow for the recovery of emotional distress damages in wrongful death cases.
6. Notify the Defendant: Once you decide to pursue a wrongful death claim, the responsible party (or their insurance provider) will be notified of your intentions. This is typically done through a “demand letter,” outlining the facts of the case, the reasons you believe the defendant is responsible, and the amount of compensation you’re seeking.
7. Negotiation: After receiving the demand letter, the defendant or their insurance company might offer a settlement. Your attorney will negotiate on your behalf, ensuring you receive fair compensation.
8. File a Lawsuit: If negotiations fail to result in a satisfactory settlement, the next step is to file a lawsuit in the New Jersey court system. This begins the formal litigation process.
9. Discovery: Both sides exchange information during the discovery phase. This might involve answering questions under oath (depositions), sharing documents, and introducing expert testimony.
10. Mediation or Arbitration: Before going to trial, parties might attempt to resolve the claim through mediation or arbitration. A neutral third-party facilitates discussions in mediation, while in arbitration, a decision is typically binding.

While the process of filing a wrongful death claim can be complex, it’s a vital legal recourse for families seeking justice and compensation for their loss. Due to the intricacies and the emotional toll such cases can take, it’s imperative to engage the services of an experienced lawyer to guide you through the process and advocate on your behalf. Reach out to the Law Firm of Edward Blinder, PLLC to speak with our New Brunswick wrongful death lawyer for help now.

Common Defenses Used In Wrongful Death Cases And How Lawyers Counter Them

Wrongful death cases are emotionally challenging and legally complex. While these lawsuits aim to hold negligent parties accountable for the death of a loved one, defendants often employ various legal defenses to minimize liability or avoid paying damages. Understanding these common defenses—and how New Brunswick, NJ wrongful death lawyers counter them—can help families navigate the legal process more effectively.

Common Defenses In Wrongful Death Cases

1. Comparative or Contributory Negligence
   One of the most frequently used defenses is to argue that the deceased was partially or fully responsible for their own death. For example, a defendant in a car accident case might claim the victim was speeding or not wearing a seatbelt at the time of the crash.
   • Impact: Depending on the state’s laws, shared fault can reduce or even bar compensation. In states with pure contributory negligence, any degree of fault on the victim’s part may eliminate recovery.
2. Lack of Causation
   Defendants may argue that their actions were not the direct cause of the death. For instance, they might claim that pre-existing medical conditions or an unrelated event contributed to the victim’s passing.
   • Impact: This defense aims to disconnect the defendant’s actions from the fatal outcome, potentially absolving them of liability.
3. Statute of Limitations
   Every state has a time limit within which a wrongful death lawsuit must be filed. Defendants can use the statute of limitations as a defense, asserting that the claim is invalid if the deadline has passed.
   • Impact: If this defense is successful, the case may be dismissed outright.
4. Assumption of Risk
   In some cases, defendants argue that the victim willingly accepted the risks that led to their death. For example, in a workplace accident, an employer might claim that the deceased knew about and consented to working in hazardous conditions.
   • Impact: This defense seeks to shift responsibility onto the victim for knowingly engaging in risky behavior.
5. No Duty of Care
   Defendants may argue that they did not owe a duty of care to the victim. For example, in a premises liability case, a property owner might claim the deceased was trespassing and therefore not entitled to legal protection.
   • Impact: If no duty of care is established, the defendant cannot be held liable.

How Wrongful Death Lawyers Counter These Defenses

1. Gathering Robust Evidence
   Lawyers collect and present compelling evidence, such as accident reports, medical records, and expert testimonies, to establish the defendant’s negligence and its role in the fatality.
2. Challenging Fault Allocation
   In cases of contributory or comparative negligence, lawyers meticulously examine the circumstances to reduce the victim’s perceived liability. They may use surveillance footage, witness accounts, or forensic analyses to demonstrate the defendant’s greater fault.
3. Establishing Causation
   By consulting medical experts and specialists, attorneys can link the defendant’s actions directly to the victim’s death, undermining claims of unrelated causes.
4. Addressing Statute of Limitations
   Lawyers ensure that claims are filed promptly and, if necessary, argue for exceptions to the statute of limitations, such as delayed discovery of evidence.
5. Proving Duty of Care
   Attorneys use legal precedents and factual evidence to establish that the defendant owed a duty of care to the victim, effectively dismantling this defense.

Conclusion

Wrongful death cases often involve aggressive defenses from those seeking to avoid accountability. However, with the expertise of a New Brunswick wrongful death lawyer from Law Firm of Edward Blinder, PLLC, families can overcome these challenges. By countering defenses with compelling evidence and strategic arguments, lawyers fight to secure justice and compensation for grieving loved ones.