Unexpectedly losing a loved one is a tragedy.
Understandably, surviving family members want to know whether the negligent parties can be held accountable.
If your family member died due to another party’s actions, your family could have the right to pursue a wrongful death lawsuit.
However, these claims can be complicated, so you should immediately speak with the skilled New Jersey wrongful death lawyers at Wiley Lavender Maknoor.
What Is a Wrongful Death Claim?
When someone dies due to another party’s negligence, recklessness, or intentional actions, surviving family members could be entitled to compensation in a civil lawsuit.
Responsible parties can be people or companies.
The filing of criminal charges against the wrongdoer by the state does not impact your ability to pursue a wrongful death lawsuit for financial reimbursement.
Numerous circumstances can lead to a wrongful death claim.
Some of the more common ones our wrongful death lawyers in New Jersey represent clients for include:
- Auto, truck, and motorcycle accidents;
- Pedestrian accidents;
- Medical malpractice;
- Construction accidents;
- Workplace accidents;
- Medical malpractice; and
- Slip and fall accidents.
This list is not exhaustive. If someone’s actions led to your family member’s death, speak with our office to determine whether there are grounds for a wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit in New Jersey?
Wrongful death claims in New Jersey are filed by the estate representative or personal representative on behalf of surviving family members.
Eligible family members who may be entitled to compensation in a New Jersey wrongful death action include the surviving spouse and children of the deceased person.
If there are no surviving children or a spouse, other surviving family members may be entitled to compensation.
Compensation in a Wrongful Death Lawsuit
Financial compensation differs in a wrongful death lawsuit as it aims to compensate the surviving family members for their losses rather than the deceased’s.
Potential recovery includes payment for:
- Funeral and burial expenses,
- Loss of insurance and health benefits,
- Loss of financial support,
- Loss of consortium, and
- Loss of love and companionship.
A survival action will allow for recovery of the victim’s damages before they died, such as pain and suffering and lost wages.
Any financial recovery under a survival action goes to the estate and could be subject to any creditors’ claims.
Statute of Limitations for Wrongful Death in New Jersey
The law doesn’t require hiring a lawyer, so you might wonder why you should retain one.
When you lose a loved one, pursuing legal action is probably one of the last things to cross your mind. However, you have only a limited time to file a lawsuit against the responsible party.
New Jersey law says you must file a lawsuit within two years from the date of death in most situations.
Contact Our Wrongful Death Lawyers in New Jersey
Please get in touch with our New Jersey wrongful death lawyers if you lost a loved one due to another party’s negligence.
At Wiley Lavender Maknoor, we understand what a traumatic time this is for you and your loved ones.
You should be grieving, not concerned with what you should say to a claims adjuster.
Let our skilled team help you navigate the New Jersey legal system while you concentrate on your family.
Contact us today to learn more about how we can assist you in a wrongful death lawsuit.