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Wrongful Death Lawsuit vs Survivor Action

No amount of money can compensate for the death of a loved one, and nothing is more painful than losing a loved one because of another person’s negligence. If you know someone, or you yourself have lost someone due to another’s negligence, you might have heard of the concept of a wrongful death lawsuit. There is also a type of case called survival action. These two actions are statutory and strictly governed by state law. Although they have the same premise, these two actions have major differences and we are here to help you decide which course to follow. What is wrongful death lawsuit? Wrongful death describes the death of a person caused by negligence or recklessness of another person or people. A wrongful death lawsuit is filed by immediate family members to seek compensation for emotional and financial damages resulting from their loved one’s wrongful death. In order to have a strong case of wrongful death, there are four elements that the surviving family of the victim needs to prove.   Negligence   The ones filing the lawsuit must prove that the victim’s death was caused by the defending party’s negligence in part or in whole.   Breach of duty   It must be proved that the defendant has a duty to the deceased victim. Take, for example, medical health providers. They have a duty to exhaust all efforts in maintaining a patient’s health. It is the responsibility of the plaintiff to establish that the defendant owed a duty to the victim and the breach of this duty caused the wrongful death.   Causation   Apart from proving...
How Do You Settle a Car Accident Claim?

How Do You Settle a Car Accident Claim?

Car accidents are a normal occurrence these days. However, you would not want the hassle of being on either end of an accident. Dealing with the result of a car accident can be difficult, especially for people who were injured. It is important that you understand the basic laws on settling a car accident claim.   File the claim as soon as possible. Do not wait for weeks or months after the accident to initiate a claim. Get in touch with your insurance company at the soonest possible time so that you can give as many accurate details about the accident. Be prepared. Even if you are not the one who caused the accident, you will not be dealing with the other driver directly. In your attempt to settle a car accident claim, you will face or deal directly with the other driver’s insurance company. It is important that you do your homework before facing the representative of the insurance company. Gather the name and contact information of the other driver, his or her insurance company, any witnesses, and the law enforcement officers who came to the scene of the accident. If you have photos of the accident scene, they will also be beneficial especially if you are the aggrieved party. In pursuing your claim, the insurance company will require or ask for tons of information, so it is a good idea to come prepared. It is also important to note that the insurance company is not on your side. Equip yourself with information that is beneficial to your claim. Estimate damages. There are two types of damages involved...
4 F.A.Q. About NJ Construction Wrongful Death Cases

4 F.A.Q. About NJ Construction Wrongful Death Cases

Constructions sites are some of the most high-risk environments for workers. Despite the regulations implemented to prevent accidents in the workplace, construction workers are still vulnerable to injuries or death, especially when employers fail to comply with safety rules.   According to statistics, the construction industry is the cause of the highest number of fatalities in New Jersey. If a person dies at a New Jersey construction workplace, a wrongful death claim can be filed in order to compensate for the irreplaceable loss of a loved one. Different states have their own laws regarding wrongful death. While New Jersey lawyers can give assistance in filing a wrongful death claim, it is still important that you understand how a wrongful death claim works when it is the result of a New Jersey construction accident. In this article, we will go over some frequently asked questions regarding New Jersey construction wrongful death cases.   What qualifies as a wrongful death in New Jersey? In the state of New Jersey, a fatality is considered a wrongful death if it is “caused by a wrongful act, neglect or default of another.”  It can be considered a wrongful death when the conditions leading to the death are valid grounds for a personal injury lawsuit filed by the victim against another party, if the decedent had not died. In wrongful death cases, it is important to prove the liability of one party, negligence, a wrongful act and the breach of duty that resulted in the victim’s death. Basically, a wrongful death claim is somewhat similar to a personal injury claim, but because the deceased victim...
4 mistakes that can ruin your car accident case

4 mistakes that can ruin your car accident case

If you are injured in a car accident that was caused by someone else, it is important that you avoid making certain common errors that have the potential of ruining your ability to recover damages in an amount to pay for your economic and noneconomic losses. It may be helpful for you to keep a checklist of what to do following an accident so that you do not accidentally make mistakes in an accident’s aftermath. Here are some common errors that you should make certain to avoid. Failing to insist on a police report When you call 911 from the scene of your accident, you should insist that a police officer completes a traffic report that includes his or her observations of the scene, the conditions of the environment and the cars that were involved. A police report can help you to prove the other driver’s liability if the insurance company disputes it. Some people make the mistake of requesting an ambulance without also making sure that the officer files a report. The lack of an accident report can make it harder for you to prove your case. It is  Stating that you are not injured and failing to get medical care It is common for people to believe that they are not injured in an accident immediately after it happens. The shock of an accident may cause your body to release adrenaline, making it more difficult to notice symptoms of injuries that you might have suffered. If you are asked if you have been injured, you should simply state that you want to get a medical examination to...
4 Signs of Nursing Home Abuse

4 Signs of Nursing Home Abuse

Cases of elderly neglect and abuse have risen dramatically over the years. With an increased number of Americans living in long-term care facilities, nursing home abuse has become a national concern. Watch Out for these Warning Signs To prevent further abuse from happening and to bring abusers to justice, early detection is essential. Here are 4 signs of nursing home abuse that people have to be keener about. Physical abuse warning signs Physical abuse is an intentional act of harming another person by means of bodily contact. It can include punching, pushing, shoving, biting, threats or assault, or the improper use of restraints. Victims of physical abuse are 300% more likely to die within the next 3 years, according to the Assisted Living Federation of America. Below are a few signs of physical abuse. Bruising, scarring, and other bed injuries that cannot be accounted for Unexplained broken bones or dislocation Unexplained marks on wrists (signs of being restrained) Damage of elder’s possessions such as broken glasses or bloody underclothing Questionable circumstances surrounding the death of an elder  Emotional abuse warning signs Emotional abuse entails verbal and nonverbal acts that psychologically harm the victim. It includes both aggression, such as insulting, humiliating, or demeaning behavior towards the victim, as well as ignoring the victim, and isolating them. Here are a few signs of emotional abuse. Constant fear and aggression Depression, anxiety, and isolation Improbable reasons for injury and contradicting stories Withdrawal, disorientation, is wary about talking openly Observable change in disposition Financial abuse warning signs Financial abuse involves the illegal or improper use of the patient’s material assets. Generally, people...
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