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Wrongful Death Claims 101

Wrongful death lawsuits are brought by the surviving family members of a lost loved one to seek special supportive compensation. At the Nugent Law Firm our South Jersey wrongful death attorneys have been helping family members attain financial support for over 26 years. Here are some of the basics involved in every wrongful death claim.

Wrongful death claims arise when a person dies due to the legal fault of another person. They involve all types of fatal accidents from car accidents, complicated medical malpractice, or even product liability cases. Persons, companies, and government agencies can be legally at fault for acting negligently or intentionally.

A wrongful death claim must be filed by the survivors (also called "parties of interest") who suffer damage and financial loss from the death of their family member. Some of these people might include:

Immediate family members: Spouse and children, including adopted children, and parents of unmarried children.

Life partners, financial dependents: A domestic partner, or putative spouse (someone who had good reason to believe that he or she was married to the victim); anyone who was financially dependent on the victim.

Distant family members: Brothers, sisters, and grandparents that relied on (maybe lived with) the decedent.

All persons who suffer financially: Anyone, regardless of relationship, who suffers financially, can bring a wrongful death action for lost care or support.

Parents of a deceased fetus: The statutes differ by state, so check with your attorney.

Again, wrongful death lawsuits can be brought against persons, companies, and government agencies as well as their employees. This may be best explained with an example; if a sober driver dies in a car accident involving a defective roadway and a drunk driver, defendants might include:

The driver or employer at fault for the accident

The designer or builder of the defective roadway

A government agent or agency that failed to provide adequate warding regarding the road hazard

The person who sold, served, or gave alcohol to the drunk driver, or

The owner of the premises where the alcohol was served.

There are many different variables in wrongful death cases, so it is best to consult with an experienced attorney. Click here or call Nugent Law Firm today at (856) 596-9770 to speak with an aggressive and experienced Marlton personal injury lawyer.

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