Wrongful Death Lawyer Monmouth County, NJ
When someone dies from the negligence of another party, a wrongful death lawyer in Monmouth County, NJ, will be able to assist decedents in following through with the legal process. The loss of a loved one is almost always difficult, but grief is usually monumental to tackle when their passing comes suddenly and due to negligence. There are several ways for someone to die due to wrongful death, and decedents should consider taking legal action against the responsible party. However, the process can be challenging, especially when grieving. Kreizer Law will partner with family members and support them in the often complicated process of filing for wrongful death. Many decisions will need to be made, and having a clever understanding of the process and whether to pursue an insurance settlement or wrongful death lawsuit is critical to making the right decisions when seeking damages and justice.
Filing a Wrongful Death Claim
Wrongful death is a civil action taken by family members who have experienced losses due to the death of a loved one. However, to do so, there must be several vital elements present that will prove negligence, thus supporting the claim for damages, including:
- The death was the result of another party’s negligence and failure to uphold their duty of care
- The injuries and damages were experienced by the person who passed
- Causation, meaning the injuries, and subsequent passing can be tied to the accident
- Surviving family members or dependents have suffered monetary damages as a result of the person’s passing
- There is an appointed personal representative for the estate
In these cases, the person who has died would have had a claim for personal injury damages had they survived. During the first consultation with our Monmouth County, New Jersey, wrongful death lawyer, we will review the details of the case, including evidence that may help support the claim. Wrongful death cases can take on several forms, among the most common include:
- Car Accidents
- Work-Related Injuries
- Medical Malpractice
- Defective Products
When a wrongful death has occurred, family members may be able to file a claim. However, it must be done on behalf of the decedent’s estate to do so. Typically, immediate family such as the spouse, children, or parents may have a claim on the estate. They may be able to receive a settlement for damages such as medical expenses, funeral expenses, and loss of income. It’s important to note that, in New Jersey, the estate can not access damages for emotional suffering.
Insurance Settlements Vs. Wrongful Death Lawsuits
Seeking damages for wrongful death cases is typically initiated by filing a claim with the insurance company. Often this is the fastest way to settle with the help of a lawyer who has experience with negotiations. Your lawyer will submit a demand letter to the insurance company, and the assigned insurance adjuster will investigate the claim. At this point, the insurance adjuster will either deny the claim or offer a settlement. Typically this is the start of negotiations. Parties will negotiate to reach a fair settlement. This process typically allows victims to receive a settlement without undergoing lengthy litigation in the courtroom. However, when negotiations cannot be reached, pursuing a wrongful death suit may be beneficial. Often this is a much timelier process. While there is a possibility that the estate may receive a high award for the damages, the court may not rule in your favor, and families are at risk of walking away empty-handed. While this can be discouraging, keep in mind that with an experienced lawyer by your side, they will be able to advise on the most appropriate action to take for moving forward.
Schedule a consultation with our Monmouth County, NJ wrongful death lawyer to learn more about the advantages of partnering with Kreizer Law in pursuing your case.