What is a wrongful death lawsuit and how can it be used in a birth injury case?

A wrongful death lawsuit is a legal claim that is made when someone has died due to the negligence of another person or entity. In a birth injury case, a wrongful death lawsuit can be used when a baby has died due to medical malpractice before, during, or shortly after birth. The lawsuit may be brought by the parents, survivors, or estate of the deceased infant. In New Jersey, wrongful death lawsuits must be filed within two years from the date of death or from the date the injury causing the death was discovered. The lawsuit must be filed with the county in which the death occurred. In a birth injury case, wrongful death lawsuits are usually filed against medical providers or facilities that may have contributed to the death of the infant, such as the doctor, hospital, or nursing home. Damages that are sought in a wrongful death lawsuit resulting from a birth injury include the medical and funeral expenses, loss of companionship and consortium, pain and suffering, and the expected future income of the deceased. The lawsuit is intended to provide compensation for the family members of the deceased infant for the losses that occurred as a result of the death. In a wrongful death lawsuit, the family of the deceased must prove that the defendant’s negligence or wrongful action was the cause of the death. This can be a difficult task, so it is important to consult with an experienced birth injury attorney who can gather evidence and help build a strong case.

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