We Will Fight For The Justice Your Loved One Deserves
It can be absolutely devastating to lose a loved one in an accident, especially when the accident is completely unexpected.
It can be even more tragic to learn that the accident was the result of someone else’s wrongful actions, and that had those actions not been taken, your loved one would still be alive and by your side today.
At the offices of Kreizer Law, our New Jersey and New York wrongful death lawyers know what you’re going through after the loss of a loved one.
If you have suffered because of wrongful death, call a New Jersey and New York wrongful death attorney to learn more about how we can assist you and protect your rights.
What is Wrongful Death in New Jersey?
Wrongful death is a legal term used to describe a situation in which someone’s death is caused by the negligence or intentional wrongdoing of another person or entity.
Wrongful death cases can arise from a variety of situations, including car accidents, workplace accidents, medical malpractice, defective products, and criminal acts. The goal of a wrongful death lawsuit is to hold the responsible parties accountable for their actions and seek compensation for the damages caused by the death.
Wrongful death cases can be complex and emotionally challenging, which is why it’s important to work with our wrongful death attorneys in Tinton Falls, NJ who can provide compassionate and effective legal representation. Reach out to us today to know more.
What are the Common Causes of Wrongful Death?
Wrongful death is a devastating event that can occur in many different circumstances. While each case is unique, there are common causes of wrongful death that continue to plague Tinton Falls, NJ. Here are some common causes of wrongful death:
Car and Truck Accidents
Car crashes and truck wrecks are the leading cause of wrongful death. These accidents can be caused by driver negligence, such as speeding, distracted driving, or drunk driving, and can result in catastrophic injuries or death.
Pedestrian Accidents
Pedestrian accidents can occur due to driver negligence, such as failing to yield or driving while distracted, and can result in fatal injuries.
Bicycle Accidents
Bicycle accidents can be caused by driver negligence, such as failing to give the bicyclist enough room on the road, or by defects in the bicycle or equipment.
Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide an appropriate level of care, resulting in injury or death. Examples include surgical errors, misdiagnoses, and medication errors.
Workplace Accidents
Workplace accidents can occur in any industry and can be caused by unsafe working conditions or equipment. Examples include falls, explosions, and exposure to toxic substances.
Defective Products
Defective products can cause serious injuries or death if they are not designed or manufactured properly. Examples include defective car parts, faulty medical devices, and dangerous drugs.
Nursing Home Abuse and Neglect
Nursing home abuse and neglect can lead to serious injuries or death in elderly residents. Examples include neglecting to provide adequate medical care, medication errors, and physical abuse.
Recreational Activities
Wrongful death can occur during recreational activities such as boating, skiing, or hiking. These activities can be dangerous, and accidents can be caused by equipment failure, lack of proper safety equipment, or lack of proper instruction.
Construction Accidents
Construction accidents can occur due to unsafe working conditions, equipment failure, or lack of proper safety procedures. Examples include falls, electrocution, and being struck by falling objects.
Public Transportation Accidents
Public transportation accidents can occur due to driver negligence or mechanical failure and can result in serious injuries or death.
These are just a few examples of the common causes of wrongful death. If you have lost a loved one due to someone else’s negligence, it’s in your best interest to seek the guidance of our experienced Tinton Falls wrongful death attorney.
What are Your Rights After the Wrongful Death of a Loved One?
When the death of an individual is caused by the wrongful actions or neglect of another, the surviving family members of the deceased individual maintain the right to bring forth a wrongful death action for damages.
A wrongful death action is a type of civil lawsuit. The purpose of a wrongful death lawsuit is to seek compensation for the damages suffered by the surviving family members as a result of the death. It can be brought against a wide range of defendants, including individuals, companies, government agencies, and healthcare providers.
It’s important to note that a wrongful death action is different from criminal prosecution. While a criminal case seeks to punish the wrongdoer through fines, imprisonment, or other penalties, a wrongful death lawsuit is a civil action that seeks to compensate the surviving family members for their losses.
If someone you love died due to the negligence or wrongdoing of another party, it’s important to consult with our wrongful death lawyer in Tinton Falls NJ to discuss your legal options.
Who Can File a Wrongful Death Claim in New Jersey?
While there are numerous parties who may be able to recover in a wrongful death claim, the law holds that only the executor of the deceased person’s estate or the personal representative of the estate maintains the right to bring forth the claim. If the deceased did not leave a will, the executor of the estate must be appointed by a court of probate.
While only the executor/representative of the deceased estate can file the lawsuit, any compensation obtained in the legal action will be distributed amongst the decedent’s survivors who are entitled to the intestate property. This may include:
- Surviving spouse
- Surviving children
- Surviving parent(s)
- Surviving grandchildren
- Surviving siblings
- Surviving nieces or nephews
Non-relatives who were financially reliant on the deceased may also be entitled to compensation. However, this person bears the burden of proof.
If you are unsure whether you are eligible for wrongful death compensation, contact Kreizer Law right away.
What Compensation Can I Obtain in a Wrongful Death Claim?
A wrongful death claim is intended to compensate the deceased’s estate for losses it has suffered as a result of the wrongful death. As such, types of damages that may be recoverable in a wrongful death action include:
- Medical expenses incurred by the estate prior to the death of the decedent
- Funeral and burial expenses
- Loss of financial support, income, and benefits for the deceased (based on the amount that the deceased could have earned over the course of their life but for death)
- Loss of value of companionship and consortium
- Loss of parental guidance
- Loss of household services
Because these damages are noneconomic in nature, they can be difficult to calculate. When you hire our wrongful death attorneys in Tinton Falls, NJ at Kreizer Law, we will guide you through the different methods that are used to calculate noneconomic damages and will work with various professionals to recover you the maximum amount of compensation possible.
What Do I Have to Prove to Win a Wrongful Death Claim?
Whenever a loved one dies, survivors may experience grief, suffering, emotional distress, anger, frustration, and anxiety about the future. However, not all deaths warrant a wrongful death claim. To be sure, a wrongful death suit is only allowable when:
- The defendant owed the decedent a duty of care
- The duty of care owed to the decedent was breached as a result of a wrongful or neglectful act
- The breach of the duty of care was the proximate cause of death
If you believe that you may have a wrongful death claim, it’s important to act quickly. By taking prompt action, you can have enough time required to protect your rights, preserve evidence, and ensure that you have the best possible chance of success.
How to Start the Process of a Wrongful Death Claim?
If you believe that your loved one’s death was the result of another’s negligence, it’s important that you start building your case as early as possible. Not only is this important for the sake of the preservation of evidence but, as in the case in New Jersey, the statute of limitations precludes you from bringing forth a civil action for wrongful death after more than two years have passed from the date of death.
While it can be extremely difficult to think about taking legal action while coping with grief and losses, steps to take immediately include:
- Gather as much evidence related to the death as possible, including any accident reports, autopsy or death reports, witnesses’ statements, and more.
- Keep track of all economic expenses related to death, including medical bills, funeral expenses, lost wages, etc.
- Keep a journal detailing noneconomic losses your family has suffered, such as depression, loss of household services, etc.
- Call our law firm as soon as possible. Working with our wrongful death lawyer in Tinton Falls NJ is essential if you want to recover the maximum compensation award the soonest as possible.
Why Do I Need a Wrongful Death Attorney in New Jersey?
Choosing not to pursue a legal case or to skip hiring an attorney can be a risky decision. It may seem like a quicker and easier solution to try and move on from the situation, but this can ultimately lead to further emotional and financial distress.
Pursuing a wrongful death case is about more than just getting compensation for your loss – it’s about holding the responsible parties accountable for their actions and preventing similar tragedies from happening in the future. Here are some of the key benefits of hiring our wrongful death attorneys in Tinton Falls, NJ at Kreizer Law for your wrongful death case:
- Legal know-how: Our attorneys have extensive knowledge of New Jersey’s wrongful death laws and are well-equipped to handle even the most complex cases.
- Experience negotiating with insurance companies: We have experience negotiating with insurance companies to ensure that you receive the maximum compensation you deserve.
- Guidance and support: We will provide you with the guidance and support you need to navigate the legal system with confidence and peace of mind.
- Advocacy for your rights: We are committed to advocating for your rights and will work diligently to ensure that you get the justice your loved one deserves.
- Assistance with paperwork and documentation: We can help you with all the necessary paperwork and documentation, ensuring that your case proceeds as smoothly as possible.
Retaining the services of our attorneys at Kreizer Law is essential if you want to get the justice you deserve after the wrongful death of a loved one. Don’t leave the outcome of your case to chance. Contact us today to schedule a free consultation and learn more about how we can help you champion your case.
Call our Wrongful Death Attorney in Tinton Falls NJ Now!
Filing a wrongful death claim can be complex, not only because you are dealing with your own emotions, but because of the legal elements and standards that must be satisfied in order for a wrongful death claim to be successful.
When you call our experienced professionals at the law office of Kreizer Law, you can count on our New Jersey wrongful death lawyers to work hard for you and to handle 100% of the claims process on your behalf. From gathering evidence, hiring experts to build your claim, calculating your damages, negotiating your settlement, and more, we are here to offer you the legal support, guidance, and representation that you require.
As you cope with the aftermath of a loved one’s death, don’t forget that you have legal rights. Our lawyers can protect those rights. Call us today or send us a message directly to request a free consultation where we can review your case and provide you with more information.
We also provide services in the following practice areas should you require further legal assistance:
