New Jersey Wrongful Death Lawyers & Accidental Death Attorneys
Nothing is quite as devastating as knowing that a loved one has died because of the negligent or intentional conduct of another person. Our NJ wrongful death attorneys have recovered millions of dollars in successful settlements and jury verdicts on behalf of the estates of victims of wrongful death in all types of personal injury cases, including medical malpractice, motor vehicle accidents, truck accidents, defective products, nursing homes, faulty security, police brutality, and worksite and construction accidents.
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 that wrongful death lawyers touch on. 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.
Types of Wrongful Death Claims
The wrongful death of a loved one permanently affects the lives of their family members. The wrongful death attorneys at Mazie Slater Katz & Freeman will aggressively represent your interests and hold all responsible parties accountable for the injuries and losses that they have inflicted. Our accidental death attorneys can do this in several ways.
- Bringing a wrongful death claim against a defendant allows the victim’s estate to recover monetary damages for their emotional and financial losses. New Jersey’s laws permit family members to recover compensatory damages for lost earnings, and loss of care, comfort, support advice and guidance of the victim. Lost earnings claims typically extend through the victim’s intended retirement age.
- In New Jersey, a survival action claim is commonly included within a wrongful death lawsuit. This statute allows the estate to file a claim for injuries and losses, just as the decedent would have. It typically includes compensation for injuries, medical bills, out-of-pocket expenses, pain and suffering, and fear of impending death due to a sudden accident or prolonged suffering related to the injuries. Any damages recovered go to the decedent’s estate and benefit any dependents or heirs.
- Witnessing the death of a spouse, a child or a close family member is a tragic, traumatizing experience. When someone has suffered through this type of event in New Jersey, they are entitled to file a separate claim for negligent or intentional infliction of emotional distress in conjunction with the wrongful death lawsuit.
DO I NEED A WRONGFUL DEATH ATTORNEY?
A wrongful death attorney in New Jersey can be crucial for several reasons if you are dealing with the loss of a loved one due to someone else’s negligence or wrongful actions. Here are some key reasons why you might need a wrongful death attorney:
1. Legal Expertise
- Understanding Laws: Wrongful death laws can be complex and vary from state to state. An attorney who specializes in this area will understand New Jersey’s specific laws and statutes related to wrongful death.
- Navigating the Legal Process: They can help you navigate the legal system, which can be daunting, especially during a time of grief.
2. Establishing Liability
- Proving Negligence: An experienced NJ wrongful death attorney can help gather evidence, interview witnesses, and build a strong case to prove that the death was caused by another party’s negligence or wrongful actions.
- Expert Testimony: We work with experts who can testify to support your case, such as medical professionals or accident reconstruction specialists.
3. Maximizing Compensation
- Calculating Damages: A wrongful death attorney can accurately calculate the total damages you are entitled to, including medical expenses, funeral costs, lost income, loss of companionship, and pain and suffering.
- Negotiating Settlements: We can negotiate with insurance companies and opposing counsel to ensure you receive fair compensation. Insurance companies often offer low settlements to unrepresented parties.
4. Handling Paperwork and Deadlines
- Filing Claims: We will handle all the paperwork required to file a wrongful death claim, ensuring that all documents are completed correctly and submitted on time.
- Statute of Limitations: In New Jersey, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Our wrongful death lawyers will ensure that your case is filed within this timeframe.
5. Reducing Stress
- Emotional Support: Dealing with a wrongful death lawsuit while grieving can be overwhelming. Our wrongful death attorneys can take on the legal burden, allowing you to focus on healing and supporting your family.
- Representation in Court: If the case goes to trial, we will represent you in court, advocating on your behalf and aiming to secure a favorable outcome.
Hiring a wrongful death attorney in New Jersey can provide you with the expertise, support, and representation needed to navigate a challenging and emotional legal process. We can help ensure that your rights are protected and that you receive the compensation you deserve for your loss.
How does a wrongful death lawsuit work?
A wrongful death claim is used when a representative of the decedent’s estate (a new jersey wrongful death lawyer) 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.
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.
WHO CAN FILE A WRONGFUL DEATH LAWSUIT?
In New Jersey, the right to file a wrongful death lawsuit is generally governed by specific state statutes. Here’s who may be able to file a wrongful death lawsuit in New Jersey:
- Executor or Administrator: The wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This could be the executor named in the deceased’s will or an administrator appointed by the court if there is no will.
- Surviving Spouse: The spouse of the deceased person.
- Children: Biological or adopted children of the deceased.
- Parents: If the deceased was unmarried and had no children, the parents may benefit from the lawsuit.
- Other Dependents: Other relatives who were financially dependent on the deceased person, such as stepchildren or grandchildren, might also be eligible to receive compensation.
How long do you have to obtain a NJ wrongful death lawyer and 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 wrongful death lawyer in NJ who will have to provide legal advice on the actual date for the expiration of the statute of limitations.
What questions should I ask a New Jersey wrongful death attorney?
Here are some of the most important questions you should ask a wrongful death attorney in NJ 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.
SUCCESSFUL WRONGFUL DEATH CASES
Examples of some of the lawsuits our team of wrongful death lawyers have handled are:
- $12 million medical malpractice jury verdict against an oral surgeon whose negligence resulted in the death of a twenty-one-year-old man within twelve hours of having his wisdom teeth extracted
- $7.8 million settlement of a product liability/wrongful death case of a mother and daughter killed by a roller coaster at a New Jersey amusement park
- $5 million settlement for a deadly automobile accident
- $3.18 million settlement for a woman who drowned when her car veered off and plunged into the Passaic River
- $3 million jury verdict for medical malpractice that led to wrongful death of a New Jersey man
- $2.8 million settlement for death of sixteen-year-old football player from sports concussion
- $2.7 million settlement we achieved for the family of an individual who was killed at the hands of police officers
- $1.1 million jury verdict for medical malpractice that led to wrongful death
- $884,000 jury verdict for the death of an eighty- year old man.
Results may vary depending on your particular facts and legal circumstances.
CONTACT OUR NJ WRONGFUL DEATH LAWYER
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. Our New Jersey accidental death attorneys 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. If a loved one has been the victim of a deadly accident, please contact Mazie Slater Katz & Freeman and an NJ wrongful death attorney will contact you within twenty-four hours to discuss your case.
