Wrongful death lawsuits are some of the most heartbreaking cases we see at Buttafuoco & Associates.
When a loved one dies tragically at the hands of another, the family is often put in an incredibly difficult position, both financially and emotionally. Although filing a wrongful death case cannot bring a loved one back, it can reduce some of the stresses that the death has caused. Many people are unsure what qualifies as a wrongful death, or whether they are eligible to file a claim. Below, I’ll tell you more and provide some examples of common wrongful death cases.
If you believe you have a case and are in need of a wrongful death attorney in Northern New Jersey, get in touch at 1-800-NOW-HURT for a free consultation.
What Qualifies as a Wrongful Death Case?
Wrongful death cases are personal injury cases brought by family members and loved ones on the behalf of the deceased. If someone in your family was killed due to another party’s negligence and that negligence directly contributed to somebody’s death, you may be entitled to damages that resulted from the death and can file a wrongful death claim.
In New Jersey, this unfortunately only includes pecuniary (AKA, monetary) damages such as:
- Lost income
- Funeral expenses
- Related medical expenses of the deceased
- Loss in the value of household services
- Loss of companionship, care, advice, and guidance
While being compensated for these losses cannot repair the damage that has been done, it can allow you to live more comfortably after the death of a loved one. If you think your case may qualify, get in touch with a Northern New Jersey wrongful death attorney right away.
Given how frequently most of us drive every day, it’s not a surprise that car accidents are among the most common wrongful death claims. We’ve also written before on the Buttafuoco & Associates blog about the high rate of traffic accidents over the last couple years, one of the surprising aftershocks of the Covid-19 pandemic.
Two of the most common reasons for automobile accidents seen by our Northern New Jersey wrongful death attorney include:
- Reckless driving: This is a broad category, but it can include excessive speeding, weaving through traffic, and disregarding signs, lanes, and traffic lights. Experts point to an increase in anxiety and the fraying of social norms as possible causes for this behavior.
- Driving While Intoxicated: One of the Covid-19 pandemic’s effects that we’re still feeling is an increase in alcohol and drug abuse, leading to a sharp increase in impaired driving.
In these cases, getting justice for the negligence that caused the accident can send a powerful message and may provide some level of closure. A lawyer serving Northern New Jersey can help you understand the specifics of your wrongful death suit and how to move forward.
Crossing the street, even at an intersection or crosswalk, is far more dangerous than it should be, often resulting in severe injuries and death. In fact, according to the Governors Highway Safety Association, 7,485 pedestrians died in the United States in 2021; this was the highest in 40 years.
There are several reasons for this, including:
- The increased size of vehicles on the road: In recent decades, vehicles in the United States have gotten larger and heavier. This often makes them safer for the driver and passenger, but it has led to an increased danger for pedestrians. According to the Insurance Institute for Highway Safety, trucks and SUVs are both more likely to cause severe injury to a pedestrian and more likely to hit a pedestrian while turning due to poor visibility.
- Road Design: In the U.S., most roads are designed to accommodate larger cars and increased speeds rather than pedestrians. There’s often minimal consideration given to pedestrians, and incorporating pedestrian safety is a low priority.
- Increased reckless and intoxicated driving: As I mentioned above, when we combine the vulnerability of pedestrians with vehicle size and dangerous driving, it’s a recipe for fatalities.
While the first two examples of wrongful death both occur on the road, our Northern New Jersey wrongful death lawyers often see medical malpractice cases that result in wrongful death. According to our wrongful death attorneys in Northern New Jersey, negligence occurs when a medical professional makes an error that would have been reasonably caught by another equivalent medical professional and that error directly contributes to injury or death.
Three common examples of medical negligence are:
- Misdiagnosis: If a medical provider misdiagnoses a condition that could have been reasonably caught by another provider. In some situations, this can also include a false diagnosis, which can lead to unnecessary treatments with harmful, even deadly, side-effects.
- Surgical errors: Surgery can be especially risky, and negligence can have disastrous consequences. Common examples of surgical errors include nicking or cutting a nerve or blood vessel, infection, anesthesia errors, and leaving surgical instruments inside the patient.
- Medication errors: This can include prescribing an incorrect medication, failing to account for drug interactions, error in administering a medication, or mixing up medications.
How an Attorney Can Help
At Buttafuoco & Associates, we know that a wrongful death lawsuit can be among the most emotionally challenging for our clients. Our seasoned wrongful death lawyers serving Northern New Jersey can help you get the compensation, and hopefully some of the closure, you need in the wake of such a tragedy.
Call 1-800-NOW-HURT to get in touch with our legal teams for a free consultation.