New Jersey wrongful death lawyers: what is a wrongful death lawsuit?
When an individual suffers a fatal injury as a result of another’s negligent or intentional conduct, a “wrongful death” has occurred. The wrongful death of a loved one is a terrible loss that no lawsuit or amount of money can make up for. However, a monetary recovery in a New Jersey wrongful death lawsuit can help the survivors, especially those who were financially dependent on the decedent, maintain their standard of living and achieve educational and career goals.
If you suspect that the death of a loved one was due to another’s negligence or other misconduct, a New Jersey wrongful death attorney can help you obtain compensation from those responsible.
New Jersey Wrongful Death Act
Under the New Jersey Wrongful Death Act, a wrongful death action may be maintained when a person’s death is caused by an intentional or negligent act or omission that would have entitled the person to sue had he or she survived. Most wrongful death cases arise from:
- Car, truck, or motorcycle accidents. [Link to respective tabbed articles]
- Work-related accidents.
- Medical malpractice.
Family members can recover compensation only if the wrongful act or omission that caused their loved one’s death is established. Consulting with a New Jersey wrongful death lawyer soon after the accident will improve the chances that the cause of the accident that killed your loved one can be determined and proved.
Beneficiaries of a wrongful death lawsuit
New Jersey law provides that wrongful death recoveries are to be given to the people who would be entitled to the decedent’s property if he or she were to die without a will. Priority is given to those who were actually dependent on the decedent. Such persons typically include the decedent’s spouse and children and sometimes parents and siblings. A New Jersey wrongful death lawyer can review your family’s particular circumstances and advise you further on the family members who would be entitled to recover for your loved one’s death.
New Jersey wrongful death lawyers explain wrongful death damages
The purpose of the New Jersey Wrongful Death Act is to compensate survivors for their financial losses suffered because of their loved one’s death. Compensation is available for hospital, medical, and funeral expenses incurred for the deceased. In addition, survivors are entitled to compensation for “pecuniary injuries.”
Pecuniary injuries include loss of financial support and the monetary value of homemaking, household chores, companionship, child care, and parental guidance that the decedent would have provided. If the victim was a child, parents may receive compensation for their loss of the child’s companionship and advice as they age and their reasonable expectation of support based on the child’s anticipated career.
Punitive damages and damages for emotional distress cannot be recovered in a wrongful death law suit. However, if you witnessed the accident that killed your family member, you may be able to recover for negligent infliction of emotional distress. Your New Jersey injury attorney can advise you if this type of lawsuit is a possibility.
If your loved one survived for a time after the accident, his or her estate may be able to bring a survivor action. A survivor action allows the decedent’s estate to recover for losses the decedent suffered from the time of the accident until death, including expenses, lost income, and pain and suffering.
Contact a New Jersey wrongful death lawyer
If your family has suffered the loss of a loved one because of someone else’s negligence, carelessness, or other wrongful conduct, you should speak with an experienced New Jersey wrongful death lawyer immediately. At Zager Fuchs, P.C., our compassionate New Jersey wrongful death lawyers help the families of fatal accident victims obtain the financial compensation needed for a more secure future.
For a free consultation with a New Jersey wrongful death attorney, fill out the form on this page and we will respond promptly. Or call or email us if you prefer.
Zager Fuchs, P.C.
New Jersey personal injury attorneys
P.O. Box 489
268 Broad Street
Red Bank, New Jersey 07701