New Jersey Wrongful Death Lawyers
Wrongful Death Law Firm in New Jersey
Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently and for acting intentionally.
What you need to know about Wrongful Death Lawsuits
What qualifies as a wrongful death lawsuit?
There are four key elements involved in wrongful death lawsuits. The party submitting a claim must prove each element to win a case to be awarded damages. The four key elements include:
- Negligence – Proving the death was caused (in part or in whole) by the recklessness, carelessness, or negligent actions of the defending party.
- Breach of Duty – Proving that the defendant in a wrongful death lawsuit owed a duty to the deceased victim. The plaintiff is responsible for establishing how the defendant’s duty existed, and that the duty was breached through their negligent actions.
- Causation – Proving how the defendant’s negligence caused their loved one’s death.
- Damages – Proving how the death of the victim generated quantifiable damages such as medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance and inheritance along with pain and suffering of the victim prior to death.
How does a wrongful death lawsuit work?
A wrongful death claim is used when a representative of the decedent’s estate files the suit on behalf of the surviving family. The suit is filed against the party whose negligent actions caused the death. The surviving family members must be able to establish two things to successfully win this kind of lawsuit:
- They prove that the death of their loved one was not caused by their own actions, but in fact by the negligent actions of the other party.
- They provide proof that they suffered a measurable amount of damages because of the death of their loved one.
How long can a wrongful death lawsuit take?
What questions should I ask a wrongful death attorney?
Here are some of the most important questions you should ask a wrongful death attorney before making a decision.
- How Much Experience Do You Have in Wrongful Death Cases? As wrongful death claims are a very complicated area of the law, it is in your best interest to hire a lawyer who has many years of experience with this branch of personal injury law.
- Do You Think I Have a Case? A reputable and experienced attorney can tell you if it is worth it to move forward with your case.
- Who Will Be Working on My Case? Choose a firm that will make your case a priority.
- What is Your Typical Approach? Choose an attorney who will be aggressive enough to secure the outcome you want, yet has the reputation and experience to achieve the result you deserve.
Who pays for a wrongful death lawsuit?
If the jury or a judge finds a party negligent, that party is responsible for paying the amount awarded.
How long do you have to sue for wrongful death?
There is a time limit, called a “statute of limitations,” for filing a wrongful death claim in New Jersey. A wrongful death case in NJ must be filed within two years of the date of the deceased person’s death. If the claim is not filed within that two year window, it will almost certainly be barred from proceeding. First consult with a lawyer who will have to provide legal advice on the actual date for the expiration of the statute of limitations.
How We Can Help During a Wrongful Death
Obviously, we cannot bring your loved one back to you, but we can lessen any financial burden you might have from the medical expenses incurred by the death of a family member. We can also obtain compensation for your loved one’s pain and suffering and your loss of companionship, loss of future earnings, funeral costs, and other expenses.
The New Jersey wrongful death attorneys at Mazie Slater Katz & Freeman have been fighting for the rights of victims whose loved ones suffered a wrongful death. We take these cases seriously and we aggressively research every case so that we can pinpoint the cause of the fatality. We have had tremendous success handling wrongful death cases, such as:
- We obtained a $12 million medical malpractice jury verdict against a New Jersey surgeon whose negligence resulted in the death of a twenty-one-year-old man within twelve hours of having his wisdom teeth extracted.
- A $3 million jury verdict for medical malpractice that led to the wrongful death of a forty-year-old New Jersey man.
- A $4 million settlement for a 45 year old man who died from a failure to diagnose his condition.
- We obtained a $4.5 million wrongful death settlement on behalf of the family of a little girl as a result of medical malpractice.
Results may vary depending on your particular facts and legal circumstances.
Wrongful Death Medical Malpractice Lawsuits
Because of our success in medical malpractice lawsuits, we have been named to the Best New Jersey Medical Malpractice Attorneys list by the Best Lawyers in America publication. If you or a loved one has been the victim of medical malpractice resulting in wrongful death, contact our experienced New Jersey wrongful death attorneys today.
There are several ways that medical malpractice can result in a wrongful death in New Jersey or any state:
- Medication errors. When a patient is given the wrong drug or the wrong dose of the correct drug, they could suffer fatal complications.
- Bacterial infections. Patients can become infected with new drug-resistant bacteria while at a hospital having routine procedures performed.
- Defective medical products. People die every day from defective medical devices.
- Surgical mistakes or carelessness.
- Hospital negligence. Accidents by doctors, nurses or hospital employees can result in death.
- Misdiagnosis or failure to diagnose. If a physician doesn’t properly diagnose a patient or misreads pathology reports, the patient could die.
- Anesthesia mistakes. Anesthesiologists routinely make errors that cause fatalities.
- Negligent follow-up care. Physicians who do not adequately provide responsible follow-up care to their patients could cause the patient’s death.
- Birth injury and delivery errors. Poor judgment can result in the death of a mother or her child.
We’ll contact you within twenty-four hours to discuss your medical malpractice case and wrongful death claim. We will fight to get the settlement you deserve for the loss of your loved one.