How to Determine If You Have a Wrongful Death Claim

by Edra Elaine Personal injury Attorney Woodbridge

The death of a loved one is one of the most difficult tragedies a person will ever face in his or her life. When that person is taken away from you shockingly and suddenly, it can be a truly devastating experience. Money certainly can't bring them back or fill the void in your heart, but if you have a successful wrongful death claim, it can help you provide for yourself and your family as you attempt to rebuild your lives.

In order to determine whether you have a successful claim or not, you'll need to meet with a wrongful death attorney Woodbridge NJ for a consultation. Here are the elements of a successful wrongful death lawsuit that will need to be true for your case.

Negligent Party

Wrongful death and murder are not the same things. Murder is a criminal action that causes one's death; while wrongful death occurs when a death is due to negligence. If someone is killed in a car accident, for example, that can be a great example of a case where a wrongful death attorney in can help you win a lawsuit.

The key to the case is negligence on the part of the party who caused the death. The meaning of negligence is that the death could have been prevented if the party who caused the death had taken a different action. Using the car accident example above, if speed was a factor in the crash, you might have a strong case for a wrongful death, as the driver would not have caused the accident if not for the speed.

Financial Losses

In order to collect any compensation from your loved one's death, you must prove financial loss caused by his or her death. In order for that to be the case, you have to be considered an eligible family member of the deceased, such as a spouse or a child. In this case, you must show the deceased's job, compensation, and the financial strain that it has placed on your life and the lives of those who depend on you. You may provide enough proofs of financial losses with the help of a personal injury attorney Woodbridge.

Having the Right Lawyer

In order to have a good case succeed, you need to have a compassionate and professional lawyer who understands wrongful death lawsuits and how to successfully argue them. You need someone who believes in your case and can successfully present your arguments in a way that will convince a judge of your claim. No matter what your case is, it's important to have a personal injury attorney who believes in both you and your case.

If you're concerned about your case, speaking to a wrongful death attorney is a great way to start.