Understanding Wrongful Death Claims in New Jersey
A wrongful death claim arises when an individual’s death results from the wrongful act, neglect, or default of another party. These claims aim to hold the responsible party accountable and provide financial relief to the deceased’s family for their loss.
Common Causes of Wrongful Death:
Automobile Accidents: Fatalities resulting from car, truck, or motorcycle accidents due to negligent driving.
Medical Malpractice: Deaths caused by medical professionals’ errors, misdiagnoses, or negligence.
Workplace Accidents: Fatal incidents occurring in unsafe work environments or due to inadequate safety measures.
Defective Products: Deaths resulting from malfunctioning or dangerous products.
Criminal Acts: Homicides or other fatal criminal activities.
Who Can File a Wrongful Death Lawsuit in New Jersey?
In New Jersey, the right to file a wrongful death lawsuit is governed by specific statutes:
Personal Representative: The executor or administrator of the deceased’s estate must file the wrongful death claim.
Beneficiaries: The lawsuit is filed on behalf of the deceased’s survivors, which may include:
Spouse: The surviving spouse.
Children: Biological and adopted children.
Parents: If there is no surviving spouse or children.
Other Relatives: Siblings, nieces, nephews, or other dependents who were financially reliant on the deceased.
It’s important to note that New Jersey imposes a statute of limitations of two years from the date of death to file a wrongful death lawsuit. Missing this deadline can forfeit the right to seek compensation.
Potential Compensation in Wrongful Death Cases
Compensation, or damages, in wrongful death cases can be both economic and non-economic:
Economic Damages:
Medical Expenses: Costs incurred for medical treatment prior to death.
Funeral and Burial Costs: Expenses related to laying the deceased to rest.
Loss of Financial Support: Income the deceased would have provided to the family.
Loss of Benefits: Such as health insurance or retirement benefits.
Loss of Household Services: Value of services the deceased provided, like childcare or maintenance.
Non-Economic Damages:
Loss of Companionship: Deprivation of the deceased’s presence, love, and guidance.
Loss of Care and Guidance: Particularly relevant for surviving children who relied on the deceased for upbringing and mentorship.
It’s important to note that in New Jersey, damages for emotional distress of the survivors are generally not recoverable in wrongful death actions. However, if a survivor witnessed the death or the events leading to it, they might have a separate claim for negligent infliction of emotional distress.
Selecting the Right Wrongful Death Attorney in New Jersey
Choosing a competent and compassionate attorney is vital to navigating a wrongful death claim effectively. Consider the following factors:
Experience and Specialization:
Opt for attorneys who specialize in wrongful death and personal injury cases.
Review their track record of successful settlements and verdicts.
Reputation and Client Testimonials:
Research client reviews and testimonials to gauge satisfaction and outcomes.
Check for any disciplinary actions or complaints filed against the attorney.
Resources and Legal Team:
Ensure the attorney has adequate resources, including access to expert witnesses and investigative teams.
Communication and Compassion:
The attorney should demonstrate empathy and maintain open lines of communication.
They should be willing to explain legal processes clearly and keep you informed.
Notable Wrongful Death Attorneys in New Jersey
Here are some reputable law firms and attorneys in New Jersey specializing in wrongful death cases:
1. Lynch Law Firm, PC
Overview: With a history of securing significant compensation for clients, they handle various wrongful death cases, including medical malpractice and auto accidents.
Location: Hasbrouck Heights, NJ
Contact: (800) 518-0508
Source: citeturn0search0
2. Stark & Stark
Overview: Their personal injury lawyers assist victims and their families in obtaining settlements for injuries, medical expenses, and pain and suffering.
Location: Lawrenceville, NJ
Contact: (609) 896-9060
Source: citeturn0search1
3. Wilentz, Goldman & Spitzer, P.A.
Overview: Dedicated to pursuing full compensation for family members who have lost a loved one due to negligence or wrongful acts.
Location: Woodbridge, NJ
Contact: (732) 636-8000
Source: citeturn0search2
4. Shapiro & Sternlieb, LLC
Overview: Committed to supporting surviving family members, helping them understand their rights and seek compensation from those responsible.
Location: Englishtown,