You likely know that if one of your family members dies in New Jersey because of someone’s negligence or wrongdoing, you can sue the person responsible for your loved one’s death. What you may not realize, however, is that if the death resulted from someone’s wrongful acts, that person need not be convicted of a crime in order for you to prevail in your wrongful death action. Yours is a civil suit, not a criminal prosecution, and the only thing you can recover is money damages.
Wrongful death lawsuits filed in Ocean County typically cite the reckless actions of others as the reasons justifying litigation. Yet what about cases where inaction is viewed as negligence. Failing to help someone who is struggling may be an obvious example of inactions, yet many others are much more indirect. Cautionary elements like warnings signs that omit certain information may fall under this category, yet such a scenario prompts questions as to how far a property owner or attraction operator must go in managing the actions of its guests.
Losing a loved one in Ocean County is never an easy thing to deal with, especially when you are involved in the management and administration of their affairs. Many in your same situation have come to us here at Silvi, Fedele & Honschke Attorneys at Law, L.L.C. questioning how to handle any unresolved legal issues that their families and friends left them (even those that were related to their deaths). If you also have the same question, then you might think that a wrongful death lawsuit is the right course of action to take. Yet that depends on the unique circumstances of your case.
The holidays can be stressful enough on their own. When you’re still reeling from the sudden loss of a loved one, the holiday season can seem almost impossible to deal with. In this case, finding a way to cope with your grief is of the utmost importance. Psychology Today offers the following tips, which will allow you to navigate your grief throughout the holidays.
Unfortunately, mass shootings are becoming a regular occurrence in this country. When one occurs, the immediate concern is saving victims and stopping the shooter. However, as time goes by, victims and the families of victims begin to pick up the pieces and look for someone to pay for the damages they incurred. If a mass shooting were to happen in New Jersey and you were a victim, who would be responsible for paying your related expenses?
Many in Ocean County may view any civil action taken in conjunction with criminal proceedings as a way for victims of an alleged crime to punish its accused perpetrator even further. This line of thinking may be particularly in wrongful death cases that accompany murder charges. Yet oftentimes, the targets of such actions are not those who committed the crimes themselves, but rather third parties whose actions (or inactions) may have permitted them to do so.
Power and cable lines are not things that many New Jersey residents think about unless the services they deliver are down. Unless they are in your home, you probably do not think about the workers who install and repair those lines either, although there are several thousand in the state. But these essential workers have a dangerous job.
Most in Ocean County may associate wrongful death lawsuits with cases were a person's negligence may have contributed to the death of another, but not to the point of warranting criminal charges. This essentially implies that this particular legal recourse option is simply another way of punishing someone for their culpability in a death, with the indirect implication being that such action is not needed when said someone is facing criminal charges. Yet often, a wrongful death lawsuit's purpose is to help the families of victims in affording the expenses that accompany their losses. For this reason, one might see a civil action filed in conjunction with an ongoing criminal case.
New Jersey residents, like other news followers, have likely heard the horror stories of doctors removing the wrong organ, amputating the wrong limb, or leaving surgical tools inside of patients. You may not realize that dentists make errors, too, and some of them can be deadly, especially those that involve infections after tooth extractions, oral surgery and other procedures.
Ocean County drivers must realize the risks of the road, which are often increased by other drivers who are inexperienced or careless. Texting, speeding and DUI drivers endanger thousands of lives every year, and so do defective products. Add bad products to dangerous driving conditions and the risk potential only increases.