Hardly anything is as difficult as the unexpected death of a loved one. When fatal accidents are the result of another party’s carelessness, recklessness, or malintent, this can become even more unbearable. If you lost a loved one in this manner, it is crucial to understand that you have legal options for pursuing justice for your family.
A Springfield wrongful death lawyer could help you to protect your financial future and to hold the responsible parties liable in civil courts. A consultation with personal injury attorney Steven L. Schepps could provide you with more insight into your options for filing suit. Call today to learn more.
Types of Wrongful Death Cases
While every death is a tragedy, not every fatality is legally actionable. Whenever a death is the direct result of the actions of another person or company, the surviving members of the decedent’s family can bring a lawsuit to court.
Wrongful death claims can arise from accidental or intentional actions. Accidents encompass all kinds of events and can range from a straightforward slip and fall to a complex instance of medical malpractice. At any rate, a plaintiff and their attorney must be able to prove that the actions of the defendant contributed to the death of their loved one.
Homicides will always trigger a criminal case pursued by a state prosecutor but may also result in a civil suit. It is important to understand that a criminal case can never award compensation to a victim’s family. A family will need to pursue a civil case separately in order to seek financial restitution for the loss of a loved one. According to the New Jersey Revised Statute § 2A:31-1, a wrongful death case is appropriate in any scenario where the victim could have pursued a personal injury case had they survived. A compassionate Springfield attorney could work with a family to pursue a wrongful death claim after a fatal accident or homicide.
What Makes Wrongful Death Cases Unique?
In most respects, a wrongful death case is like any other personal injury claim. However, unlike in a personal injury case where the plaintiff is the injured party, the filing party in a wrongful death case can differ.
Only certain parties have the legal standing to bring wrongful death cases to court. N.J. Rev. Stat. § 2A:31-2 allows only the administrator or executor of the decedent’s estate to serve as a plaintiff in these cases. Additionally, only those who would stand to inherit the decedent’s estate can collect compensation in these matters. In most cases, these are a person’s immediate family members. A Springfield attorney could help a family understand who has the right to file a claim and assist them through this process.
A Springfield Wrongful Death Attorney Could Provide Security for the Future
The death of a loved one is unspeakably difficult. Family members will obviously need time to grieve and come to terms with what has happened. Unfortunately, the economic consequences of the death cannot be ignored, especially if the decedent was the primary earner in the family. A wrongful death lawsuit can provide payments for not just the suffering of the decedent but also for economic and familial losses.
A Springfield wrongful death lawyer Steven L. Schepps is ready to help. He works to take care of every detail of the case so that their clients can focus their energy where it is needed most. Call today for a free consultation to discuss your next steps.
