Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
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Posts tagged "Wrongful death"

Hepatitis A outbreak in Mendham leads to wrongful death lawsuit

Most in Ocean County might believe that wrongful death claims are limited to cases where an accident resulted in one's death. Yet there are other instances where negligence might have contributed to a person's premature end that do not involve an accident or incident. Exposure to dangerous elements, for example, might lead to outbreaks of infectious diseases that could prove to be fatal to some. Many might think that it is near impossible to attribute a person's disease to negligence (due to the fact that people get sick all the time), yet if evidence exists that shows that one was not protected from exposure to an infected person, legal action may indeed be warranted. 

Doctors accused of carelessness in lawsuit

The receipt of healthcare in Ocean County does not come with a satisfaction guarantee. This is due to the fact that, despite the improvements made in diagnostics medicine in recent years, there may still be a margin of error when attempting to determine exactly what is wrong with a patient. Most may know and understand this, yet still the expectation is that a clinician will exhaust all available resources in attempting to correctly diagnose a patient, and that their full and undivided attention will be devoted that task. It is when that expectation is not met that patients may feel justified in seeking legal action

Family awarded $700 million following brutal murder

News of a wrongful death lawsuit being filed in Ocean County may be met with skepticism in the eyes of some. The belief may be that the family or friends of those who died are simply trying to profit off their deaths. In reality, nothing could typically be further away from the truth. The motivations of those seeking action following the wrongful death of a loved one may vary (yet typically do not include any degree of opportunism). Some may need to try and replace the financial support that the decedent provided them. In other cases, people may simply be looking to compensate for the emotional void that one's death left in their lives. 

Wrongful death lawsuit accuses doctor of driving woman to suicide

Many in Ocean County may think that wrongful death litigation only applies to those cases where people die in accidents caused by others. In reality, however, anyone engaging in negligent or reckless action that results in the death of another can be the target of a wrongful death lawsuit. Often that action is indirect and comes in the form of abuse and manipulation. While some might believe it to be impossible to "manipulate someone to death," arguments may be made that abusers can exert enough influence over others so as to push vulnerable people almost to edge (and even over it, in some cases). 

Can understaffed nursing homes create health risks?

Nursing homes are supposed to be safe and caring residences for New Jersey seniors who are too infirm to take care of themselves. Unfortunately, this is not always the case. Sometimes an elderly resident passes away due to neglect or errors in care committed by a nursing home. One of the problems is that some nursing homes do not employ enough staff to take care of residents, which can cause a number of serious health risks.

Drunk driver charged after son dies

People who live in New Jersey have good reason to be concerned about the continuing selfishness and recklessness of drivers who refuse to put away their keys if they choose to drink. Too many lives are lost every year at the hands of drunk drivers and every one of those deaths should be preventable if only people would make responsible choices.

What must you prove in a wrongful death case?

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.

Universal Studios sued for not displaying warnings in Spanish

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. 

Survival actions vs. wrongful death lawsuits

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. 

How can I deal with grief over the holidays?

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.

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