We Will Fight For The Justice Your Loved One Deserves
Life can change in an instant. It can be absolutely devastating to lose a loved one in an accident, especially when it 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. If you have suffered because of wrongful death, our New Jersey wrongful death attorney can help you protect your rights.
Wrongful death happens when someone dies because of another person’s negligence or wrongdoing. If you’re facing this kind of loss, understanding your rights and options is important.
Quick Summary:
- Wrongful death is a legal term for when someone dies because of another person’s negligence or wrongdoing. Common causes include car and truck accidents, pedestrian and bicycle accidents, medical malpractice, workplace accidents, defective products, and nursing home abuse. Family members of the deceased may pursue a wrongful death case to seek compensation and hold the responsible parties accountable.
- The executor or personal representative of the deceased’s estate can file a wrongful death claim, and if there’s no will, a court will appoint an executor. The compensation from the lawsuit is distributed among the deceased’s survivors, including the spouse, children, parents, and sometimes non-relatives who were financially dependent.
- In New Jersey, you generally have two years from the date of your loved one’s death to file a wrongful death claim. This time limit, known as the “statute of limitations,” starts on the day your loved one passes away. To win a wrongful death claim, you must prove that the defendant had a duty of care, breached that duty, and that this breach caused the death. Acting quickly is important to protect your rights, preserve evidence, and improve your chances of success.
- In a wrongful death claim, you can seek compensation for medical and funeral expenses, as well as for the loss of financial support, companionship, parental guidance, and household services. These damages are intended to cover the losses suffered by the deceased’s estate and family.
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 various situations, including car accidents, workplace accidents, medical malpractice, defective products, and criminal acts.
If a person dies because of a reckless, careless, wrongful, or criminal act, family members who were supported financially by the deceased may have grounds to pursue a wrongful death case to recover damages. 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.
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 Shrewsbury, 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.
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.
Remember, 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.
Who Can File a Wrongful Death Claim in New Jersey?
While numerous parties 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 entitled to the intestate property. That may include:
- Surviving spouse
- Surviving children
- Surviving parent(s)
- Surviving grandchildren
- Surviving siblings
- Surviving nieces or nephews
Non-relatives financially reliant on the deceased may also be entitled to compensation. However, this person bears the burden of proof.
How Much Time Do I Have to File a Wrongful Death Claim?
If you need to file a wrongful death claim in New Jersey, it’s important to know there is a time limit for doing so. This time limit is called the statute of limitations. In New Jersey, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit.
This two-year period starts on the day your loved one passes away. If you wait too long and miss this deadline, you may lose your right to seek compensation. It’s crucial to act quickly to make sure you don’t miss this time limit.
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 to protect your rights, preserve evidence, and ensure that you have the best possible chance of success.
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 before the death of the decedent
- Funeral and burial expenses
- Loss of financial support, income, and benefits for the deceased
- Loss of value of companionship and consortium
- Loss of parental guidance
- Loss of household services
Getting the right compensation can help cover the expenses and emotional impact of losing someone important to you. It’s important to remember that every case is unique. The specific amount of compensation you can recover will depend on the facts of your case.
Why Do I Need a New Jersey Wrongful Death Attorney?
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 lawyers in Shrewsbury, NJ at Kreizer Law for your wrongful death case:
- Legal Knowledge: Our attorneys have extensive knowledge of New Jersey’s wrongful death laws and are well-equipped to handle even the most complex cases.
- 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.
- Experience Negotiating With Insurance Companies: We have experience negotiating with insurance companies to ensure you receive the maximum compensation you deserve.
- Advocacy For Your Rights: We are committed to advocating for your rights and will work diligently to ensure you get the justice your loved one deserves.
Don’t leave the outcome of your case to chance. Let our legal team provide the guidance and support you need to navigate the legal system with confidence and peace of mind.
Call our Shrewsbury NJ Wrongful Death Attorneys 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 for a wrongful death claim to be successful.
At Kreizer Law, you can count on our New Jersey wrongful death attorney to work hard for you and to handle the claims process on your behalf. From gathering evidence, 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 personal injury law firm in New Jersey can help you protect them. Call us now for a free consultation and take the first step toward getting the compensation you need. We also provide services in the following practice areas should you require further legal assistance:
