Perth Amboy Wrongful Death Lawyer

Losing a loved one is hard, and it is more difficult when someone else causes their death. New Jersey law allows you to recover when another person’s wrongful act caused the loss of your loved one. A Perth Amboy wrongful death lawyer could help you recover for the loss of your loved one.

Who Can Sue for Wrongful Death

The law limits who can sue for wrongful death to the victim’s family. If the victim was not married or did not have children, the deceased’s parents can sue for wrongful death. Lastly, if there are no surviving parents, then the victim’s brothers, sisters, nieces, or nephews may bring a wrongful death case.

Trusts may also be involved in a wrongful death lawsuit. When a trust is set up for the decedent’s surviving family members, the trustee may sue on their behalf. A lawyer in Perth Amboy representing the family works with the trustee to bring a wrongful death lawsuit on the family’s behalf.

Lastly, if a minor child brings a wrongful death lawsuit, a trust is set up for their potential recovery. Any recovery is placed into the trust until the child reaches the age of majority.

Damages for a Wrongful Death Lawsuit

Damages for the victims’ pain and suffering before they die are not recoverable under a wrongful death action. The victim’s family may file a separate claim for the deceased’s pain and suffering. Instead, the deceased’s family members may only seek financial damages arising from their loved one’s death.

As a result of the victim dying, damages are presumed in a wrongful death case. An experienced attorney in Perth Amboy could help maximize the damages recovered in a wrongful death lawsuit. These damages include:

  • Loss of income- If the victim was working at the time of their death, the family is entitled to damages in the amount of the income the deceased would have earned. Expert witnesses are generally used to calculate the amount of income a deceased could have made over their remaining life. The calculation includes the deceased’s earning capacity and estimated remaining working years.
  • Loss of Services- Loss of services does not cover the deceased’s emotional value to their family. The family can recover for the loss of services, assistance, guiding, or training the deceased would have provided. Examples of this include having to hire a babysitter, maid, or having to attend therapy.
  • Reasonable funeral and medical expenses- It is likely the victim underwent medical treatment before passing.

As a result, the defendant is responsible for covering these expenses.

Contact a Perth Amboy Wrongful Death Attorney for Help

Wrongful death lawsuits can be an emotional time for the deceased’s family members. A Perth Amboy wrongful death lawyer could help guide you through the legal process. An experienced attorney can balance the legal requirements with the family member’s emotions throughout the process.

A legal professional could help increase your chance of recovering for your loved one’s death. An attorney can help hold the person who caused your family member’s death responsible. Whenever you’re ready, call us today.

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