The death of a loved one is heartwrenching, a devastating tragedy that no one hopes for and few expect to happen to them. However, there are many dangers and unexpected accidents that could lead to wrongful death. Accidents in the workplace, on the road, or even in the home can lead to death. Losing a beloved family member often leads to seasons of deep grief and can leave those left behind feeling overwhelmed, lost, and brokenhearted. To make matters worse, the death of a family member often comes with a high financial burden, with funeral costs and economic uncertainty if the deceased was a provider for the family.
Suppose the deceased died due to the negligent or wrongful acts of another individual or entity. In that case, the bereaved may be eligible to receive compensation for these costs and the lasting effects of grief and loss. Compensation for wrongful death can include funeral costs, other expenses related to the death of the individual, and the intangible damages of pain, suffering, bereavement, and loss. However, the individual may need to prove that the negligent or intentional actions of the other party led to the death of their loved one. In these situations, a skilled Newark wrongful death attorney from Zavodnick & Lasky may be able to help. Consider scheduling a free initial consultation by calling the office at (215) 999-6742 for details.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action taken by the family or beneficiaries of the deceased to receive compensation for the death of their loved one. According to Cornell Law School, this type of claim can be pursued in the event of negligence or willful action. Some common circumstances that can lead to a fatal accident include car accidents, medical malpractice, accidents in the workplace, and more. Additionally, criminal acts such as assault and other felonies and misdemeanors could also involve wrongful death. Due to the nature of wrongful death claims, they may be claimed in addition to other charges and damages. This means that wrongful death claims could be complicated by the specific circumstances that caused the death of the deceased.
Who Can File a Wrongful Death Lawsuit in Newark?
Due to the weighty nature of a wrongful death claim, the capacity to file such legal action is restricted to a select group of people. The compensation for wrongful death is intended to go to the people who were most deeply affected by the loss of the individual. Spouses, children, parents, and siblings of the deceased are all entitled by Newark law to file a wrongful death lawsuit. Adopted and biological children can both file for wrongful death, as adopted children are legally indistinct for these purposes according to Del. Code Ann. 10 § 3721. If there are no living relatives by blood or marriage who are in this group, any blood relative or relative by marriage can file a wrongful death claim.
What Compensation Is Available in a Wrongful Death Claim?
While financial compensation cannot ease the burden of a lost loved one, compensation can help cover the costs of dealing with the death of a family member and could help remove stressors and make space for a grieving family. Struggling with financial turmoil while grieving the loss of a close family member can be inexplicably challenging. As such, financial compensation for damages can be an immense relief for the bereaved.
Compensation available in a wrongful death case may include funeral and burial expenses, as well as other costs incurred by the settling of the individual’s estate. Arranging to set the affairs of the deceased in order, as well as organizing funeral details, can be expensive. Another form of financial damages that may be covered is end-of-life injuries and illnesses. The passing of the individual may not be immediate in some cases, and the individual may receive expensive medical treatment to save or prolong their lives. Wrongful death compensation may cover these expenses.
However, the more pressing loss in the death of a loved one is not financial. The loss of support, companionship, and care is often the most devastating loss. As such, wrongful death compensation may cover intangible damages such as emotional distress and the bereavement of losing a family member. Additionally, if the actions of the guilty party are particularly egregious, the courts may award punitive damages.
Statute of Limitations in Newark Wrongful Death Cases
Grief can often shake the foundations of an individual’s life, relegating mundane trivialities to the sidelines and making simple tasks difficult. While this is a natural part of the grieving process, it could also pose a threat to the possibility of compensation in the future. Most personal injury, property damage, or wrongful death cases have a time limit restricting when they can be filed. This is called the statute of limitations, and the limit is two years for wrongful death cases. While two years may seem like a long time, while organizing funeral details, settling the deceased’s estate, and grieving the loss of someone dear, the deadline can easily pass by without warning. A skilled Newark wrongful death attorney is prepared to account for these deadlines and advocate for the bereaved’s right to compensation.
Talk to a Wrongful Death Lawyer in Newark Today
Losing a loved one is frightening to think about, and even more terrible to walk through. However, despite the best efforts of laws and safety measures, sometimes the worst happens. When it does, it can make those left behind feel lost, impotent, and hurt. With the financial pressures of funeral costs and other challenges of daily life, filing a wrongful death claim can feel insurmountable. This is why an experienced Newark wrongful death attorney from Zavodnick & Lasky is here to help. A wrongful death attorney can help gather evidence to support a claim, navigate the legal particulars and minor details, and pursue fair compensation for the loss of a family member. Consider scheduling a free initial consultation with a lawyer today by calling the office at (215) 999-6742 for more details.
