When you lose a cherished loved one, your first call isn’t to a Jackson wrongful death attorney. It is to family, friends, and those who can offer support and love during your time of need. An attorney can also be a much-needed source of support and guidance during this challenging time. This is especially true if your loved one passes away due to the careless actions of another.

At Brach Eichler Injury Lawyers, our compassionate Jackson wrongful death lawyers know that you and your family are in a vulnerable position. You’ve lost the love and support of a family member and may feel overwhelmed as you consider your next steps. We are here to lend you personalized legal advice and moral support to help you through this challenging time. Money cannot bring back your loved one or fill the void in your life they have left behind, but it can provide you and your family with the financial stability your loved one would want you to have.

If you are ready to seek compensation and justice on behalf of a lost loved one, contact our office today and discuss your situation with a sensitive Jackson wrongful death attorney.

What Is Wrongful Death?

Wrongful death, as defined by New Jersey law, is a death “caused by a wrongful act, neglect, or default.” Generally, it is a death caused by the careless actions of another person or party. Wrongful death cases are similar to personal injury cases. When someone gets hurt due to the negligent actions of another, they can file a personal injury lawsuit seeking compensation for their injuries. Wrongful death cases work in much the same way, except the person has passed away due to their injuries and cannot represent themselves, so someone else must pursue the case on their behalf.

Typically, a wrongful death case can be filed based on:

• Negligence-based accidents
• Medical malpractice
• Intention or criminal acts

Although criminal acts that result in a death can trigger a wrongful death case, wrongful death lawsuits are civil actions, not criminal cases.

Types of Wrongful Death Cases We Handle

The loss of a loved one is always heartbreaking. However, something is excruciating about losing a family member due to the careless actions of another person, something that is hard for families to come to terms with and move past.

At Brach Eichler Injury Lawyers, we understand the sensitive nature of wrongful death cases and want to help you hold careless individuals accountable for their actions, helping you and your family recover compensation and a sense of justice. Some of the wrongful death cases we handle involve:

• Motor vehicle accidents
• Truck/18-wheeler accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Workplace accidents
• Medical malpractice
• Defective products
• Nursing home abuse and neglect incidents

A Jackson wrongful death attorney can help you and your family understand your legal rights and answer your questions about what comes next for you and your family as you pursue fair compensation.

Compensation for a New Jersey Wrongful Death Lawsuit

How do you put a price tag on the loss of a family member? Compensation may be one of the most complex parts for loved ones to understand because, for family, no amount of money can compensate for the sudden loss of someone they cherish.

A wrongful death lawsuit cannot bring back your family member. Instead, the aim is to help financially compensate families for losing monetary support and companionship. This compensation can help stabilize a family’s financial position, which may be fragile after losing a working or supportive family member. While the value of a wrongful death case varies depending on the specifics of the situation, generally, individuals can pursue money for the following:

• Funeral expenses
• Burial expenses
• Loss of financial support
• Loss of companionship
• Lost value of household services

Individuals entitled to recover the compensation from a successful Jackson wrongful death lawsuit include the deceased individual’s surviving family members. In New Jersey, this can include:

• Surviving spouse
• Surviving children or grandchildren
• Surviving parents
• Surviving siblings, nieces, or nephews

The surviving spouse and children are always the first in line for compensation. If there is no surviving spouse, children, or grandchildren, compensation gets distributed to remaining family members, such as parents or siblings. However, survivors must prove they depended on the deceased to receive compensation.

What Is a New Jersey Survival Action?

There is another avenue for pursuing compensation after the death of a loved one in New Jersey called a survival action. A survival action allows the personal representative of the deceased’s estate to seek compensation for injuries the individual suffered before death. While a wrongful death lawsuit helps cover funeral and burial costs, a survival action claim allows the estate to seek compensation the deceased could have pursued had they survived the incident, such as medical expenses, property damage, and pain and suffering.

The compensation recovered from a successful survival action goes to the deceased’s estate, which can then distribute the funds according to the will or the estate plan of the deceased. If the individual dies without a will, any compensation given to the estate gets distributed to heirs according to New Jersey’s intestate succession laws.

It is possible to file a wrongful death lawsuit and a survival action in New Jersey. You do not have to choose one or the other. A knowledgeable Jackson wrongful death and survivor benefits lawyer can help you manage both legal claims.

FAQs

If you have questions about the process of pursuing a wrongful death claim in Jackson, reach out to Brach Eichler Injury Lawyers for an initial consultation. We’ll answer your questions, address your concerns, and help you understand your legal options. In the meantime, here are the answers to some of the most common questions our firm receives about these cases.

How can a wrongful death lawyer in Jackson help me prove negligence when there were no eyewitnesses?

Eyewitnesses are one piece of the wrongful death puzzle but not the only one. A solid wrongful death lawsuit is built on multiple pieces of evidence that help prove liability and support a wrongful death case. Other evidence, such as photographs or videos from the accident scene, accident reports, medical records, surveillance videos, and expert witness testimony, can also come together to paint a compelling picture of the circumstances of the fatal event.

Collecting and preserving this valuable evidence is where a Jackson wrongful death attorney can help. Most families don’t know where to start when it comes to securing the evidence it takes to build a solid wrongful death case. Working with a knowledgeable and resourceful attorney means a family has time to grieve the loss of a loved one while their attorney works to prove negligence.

How long do I have to file a wrongful death claim in Jackson?

The wrongful death lawsuit time limit is two years from the date of the individual’s death. If a case gets filed after the legal deadline passes, the court can dismiss the case, leaving you with few to no options for recovering maximum compensation.

However, there are some exceptions to the two-year rule. If a person’s death was the result of a criminal act such as aggravated murder, murder, or manslaughter, there is no statute of limitations on when someone can file a civil wrongful death lawsuit.

Who is eligible to file a wrongful death claim in Jackson, and how can a lawyer assist in this process?

There can be some confusion about who has the power to file a wrongful death lawsuit in New Jersey. Many states allow a surviving family member to file a lawsuit on behalf of a deceased loved one. However, New Jersey law only allows the personal representative of the deceased to file a wrongful death case.

Who is the personal representative of the deceased? This person is generally called an executor and is named by the deceased in their will or estate plan. If the individual dies without a will or estate plan, the court can appoint someone to represent the deceased individual’s estate and act as the personal representative.

If you are unsure about the process, who the personal representative for your loved one is, or wish to help by being named the personal representative, it is best to consult with an experienced Jackson wrongful death lawyer who can walk you through your next steps.

How a Jackson Wrongful Death Attorney Can Help You

The compassionate Jackson wrongful death lawyers at Brach Eichler Injury Lawyers know that you are going through an emotional and traumatizing time. What you need now more than ever is support, understanding, and someone to help guide you through the ups and downs of managing this stressful situation you and your family find yourselves in. We provide personalized and comprehensive legal representation to help you recover the money your family needs. Our team also offers emotional support, resources, and a shoulder to lean on.

To learn more about your options for seeking compensation following the tragic death of a loved one after an accident, call our office today at (973) 364-8300 or contact us online to arrange a wrongful death case evaluation.