The death of a loved one is never an easy event to overcome. These situations are made worse when the cause of death was a violent dog attack. Fortunately, New Jersey has laws covering dangerous dogs, that provide for different avenues in which a person can seek compensation.
Determining how much compensation the family may receive from a fatal dog bite depends on a number of factors which will be covered in this article.
Strict Liability & Negligence
These are the two main legal doctrines that dictate how dog bite and injury claims are handled in New Jersey. The strict liability doctrine automatically places the dog owner at fault, regardless of the dog’s history, so long as the injured party can prove the dog was owned by that person, that they were not trespassing and that they were bitten. The negligence doctrine requires an injured party to show that the dog owner had a responsibility to care for the dog’s behavior, failed to do so, and someone was injured as a result.
Strict liability and negligence are key pieces of a fatal dog attack in any New Jersey bite/injury case. After the elements of one of these doctrines is developed by a dog bite attorney, the wrongful death statute will be utilized. Proving negligence will be critical in developing the elements of a wrongful death cause of action.
Wrongful Death
A wrongful death lawsuit can be brought forward by a decedent’s estate (aka the family members of the person who died) in the event that the person died as a result of someone else’s negligence or intentional act. Additionally, this type of claim can only be brought if the decedent would otherwise have been able to bring a personal injury case against the defendant if they survived. A wrongful death suit takes place in civil court, alongside the negligence or strict liability claim.
Compensation from a wrongful death suit will typically cover medical expenses, funeral expenses, loss of income, loss of enjoyment and companionship, and pain and suffering. Each case is different in how the compensation for these injuries is calculated. An experienced dog bite attorney will know how to investigate and build a claim that provides an obtainable and justifiable compensation amount.
Contact Peter Briskin, Esq.
Taking the steps to handle a fatal dog attack in New Jersey can be burdensome, emotional, and stressful. The Law Offices of Peter Briskin, Esq., knows how to investigate and develop a strategy in order to pursue compensation that will remedy your family’s injuries. We know that no amount of money is equal to the loss of your loved one, but we do know that we will do our best to get you what you deserve so that your family may heal and recover as best as you can. Contact us today for a free case evaluation.