When a loved one is suddenly killed in an accident or due to violence, your family can be launched into a state of extreme grief and disbelief. Once you begin trying to process the emotional impact of your loss, the practical impact of the loss will likely become more and more apparent. For instance, did your loved one regularly contribute to the household by taking care of the children, doing repairs, or through other important and regular services? Was your loved one a primary financial provider for the family? All of these losses can cause extreme stress on top of the grief you already feel.
Wrongful death laws in New Jersey allow the family members of a person who was wrongfully killed to file a legal claim against the responsible party. In this claim, you can seek compensation for the costs you incurred due to the death and also for the future losses your household has experienced, such as financial contributions and household services. You may also seek financial recovery for your emotional losses, including loss of comfort, care, and companionship of a parent or a spouse. Because there are many different types of losses available – many of which are intangible – calculating the value of a wrongful death case can be a complex feat.
The reasonableness of a wrongful death settlement or award will vary widely depending on the circumstances of a particular case. For instance, some factors that may be considered include:
- How old was the victim?
- Was the victim in good health and what was their estimated life expectancy?
- What was the educational and professional background of the victim, which impacts their earning power?
- Did the victim have children who were dependent?
Also considered can be the nature of the incident that caused the death. For example, a negligent driver who accidentally hit a pedestrian because they were looking down for a second may not be held liable for as much as a driver who was excessively over the legal limit for alcohol and could barely drive their car at the time.
Call 973-426-0021 today for a free consultation.
In order to ensure your wrongful death case value is accurately calculated, you need a New Jersey wrongful death lawyer handling your case. David H. Kaplan Attorney at Law has extensive experience representing families in wrongful death cases and will always fight for the maximum recovery that you deserve. Please call today to learn more about how we can help.