Tag Archives: Wrongful Death

Could an Employer Be Liable for Damage Caused by a Drunk Employee?

Two years ago, a 49-year-old Newark woman was working at a marine terminal in Elizabeth when she was unexpectedly hit by a top loader.  After the collision, people on the scene rushed to her aid but  she did not survive.  Now, almost two years later, this case might be drawing to a close. Why Was a Drunk Employee Operating Heavy…
Read More »

Posted in Work Accident | Tagged , | Leave a comment

How Do You Know Who Is Responsible in a Child Drowning Case?

When it comes to pool ownership it is important to be both responsible and cautious. Failure to do so can result in accidental drowning cases. In July alone there have already been three child deaths and one near drowning. With these tragedies becoming more frequent it is important to know the rules of water safety so as to avoid another…
Read More »

Posted in Premises Liability | Tagged , | Leave a comment

Frequently Asked Questions about Wrongful Death

Q: What is the difference between a civil case and a criminal case against someone who caused a death? A: A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

Monetary Damages in Wrongful Death Cases

Legal actions for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual’s death. Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. No matter who the defendant is, the amount and type of financial recovery the plaintiff can…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

The Wrongful Death of a Child or an Elderly Person

No matter what the age of the loved one you have lost, the grief is powerful. The law, however, often takes age into account when it assesses your loss. Because your loved one cannot be replaced, the law is at a disadvantage to truly compensate you. Money is one measure that the legal system can objectively use to reflect what…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

Wrongful Death – An Overview

Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone’s wrongful actions caused injuries that resulted in your loved one’s death, that is a wrongful death. In common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

The Physician-Patient Privilege in Wrongful Death Cases

The physician-patient privilege is designed to help each patient feel free to tell his or her doctor the whole truth about what he or she is experiencing; that way, the doctor will have the best information for diagnosing and treating the patient. This privilege can be very important for the relationship between the doctor and the patient. When a patient…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

Statutes of Limitations and the Discovery Rule

If you have experienced the loss of a loved one due to wrongful death, the last thing you may want to think about is how your legal rights are affected. The law surrounding wrongful death, however, allows legal action to be taken only for a limited period of time. When this period has elapsed, you will no longer have the…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

Driver Could Face Wrongful Death Suit After Killing Pedestrian

A Toms River man could potentially end up facing a lawsuit seeking damages for wrongful death after admitting the role of his actions in causing the death of a pedestrian in South Toms River in December 2013. While operating his vehicle, Joseph Marsh, 28, of Toms River, allegedly struck and killed a pedestrian 84 years of age, William Gaughan, of…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment

Wrongful Death Suit Seeks to Compensate Family for Loss Caused by Cancer

The family of a Kentucky man has filed a wrongful death action alleging that the cancer that killed their loved one was linked to his work in the printing and packaging industry in New Jersey for close to 25 years. After years of working at companies such as Sunoco Flexible Packaging Co., Alcan Packaging, and Amcor Pharmaceutical Packaging USA Inc.,…
Read More »

Posted in Wrongful Death | Tagged | Leave a comment