In case someone has passed away due to negligence or misconduct of another individual, you can sue them for wrongful death. Conversely, if the person has only been injured, then you’ll need to charge with wrongful damage.
Even though they might sound a little different, the process of charging them is pretty similar. Please keep reading this article till the end to know more about New Jersey Assault Claims.
Who Can Sue For A Wrongful Damage Or Death?
When it comes to filing a wrongful damage claim, it can only be done by the survivor of the person who has passed away. But, if they didn’t have anyone else in their immediate family, then a representative can be used for the charge as well.
However, the “party of interest,” in this aspect, can vary from one state in the USA from the other. New Jersey Assault Claims – the following people can sue for a wrong damage case –
An Immediate Family Member.
An immediate family member of the dead person may include the spouse and the children of the individual. And, yes, it might include an adopted kid as well. In case they didn’t have a kid or a wife, their parents will be next in line to take care of this issue.
Someone Who Was Financially Dependent On Them.
If you were financially dependent on the person who passed away, New Jersey Assault Claims and file a report against the responsible individual. In this aspect, the life partner of the individual and the kids are included, especially if none of them have a job.
A Distant Family Member.
In some states, including New Jersey, you can sue the responsible individual even if you are a distant family member of the person.
This might include their – grandparent, sister, as well as the brother. For example, if their grandfather was raising their child, they can make the claim.
Parent Of A Deceased Fetus.
If someone’s wife has lost their child due to medical malpractice, they can sue the responsible doctor for the same as well.
However, before you take a step in this aspect, it’ll be best to talk to an attorney. They, with all their experience and know-how, can show you the right way.
Who You Can Sue For A Wrongful Death?
A wrongful damage lawsuit can be brought against almost anyone out there. For example, if the death was caused by a roadside accident, you can sue –
• The employer or driver who was driving the vehicle, which killed the person.
• The builder or designer of the faulty or damaged roadway.
• The distributor, manufacturer, and installer of the dangerous or faulty part of the car.
• The person who served, sold, or gave alcohol to the impaired driver.
• The agent who didn’t or failed to provide proper warnings regarding the road hazard.
• The owner of the shop or premise where the alcohol was served.
In addition to these, you can also sue them if more than one person was involved in the titular accident. Talk to a lawyer before making a decision in this aspect.
Elements Of A Wrongful Death Lawsuit
As of now, you know about who can claim or can be sued for a wrongful death lawsuit. Now, let’s talk a little about the elements that must be present in this type of liability –
• The death of the person was caused by someone else’s negligence. Or, they intended to kill them purposefully.
• Monetary damage, related to the passing away of the individual, for the surviving member of the deceased individual’s family.
• Appointing a personal representative of the decedent for the estate.
Remember, you have to file a wrongful death case within the time limit provided by the court in your designated state. Or else, it’ll be considered as void or null.
The Final Say!
Before you get too excited, let us tell you something. Proving a wrongful damage claim can be quite difficult. If you end up losing your claim, the defendant might sue you for tarnishing their social reputation. So, whenever you’re getting involved in something as such, it’s best to opt for a lawyer. They’ll be with you from the beginning to till the end and offer the required support as needed. Besides, they can also help you investigate the whole case and aid you in creating a story for your case. Their unparalleled experience can assist you in getting the most out of the defendant during the negotiation phase.
