Wrongful Death Attorneys in Newark

If your loved one has died due to another’s actions, a Newark wrongful death attorney from Brach Eichler Injury Lawyers can help you recover financial compensation for your losses. When a person dies, there is a ripple effect. They might leave behind survivors and dependents who suddenly lack a regular income or financial stability. The survivors may also feel an immense amount of anguish and pain from unjustly losing someone close to them.

We understand these challenges and can work to help families recover what they have lost. Brach Eichler Injury Lawyers has recovered over $500 million for our clients, including several multi-million dollar settlements for wrongful death claims in Newark and New Jersey. We can help you recover financial compensation for the loss of your loved one through a wrongful death claim.

Contact us online or call (973) 364-8300 today to speak to a wrongful death attorney in Newark, NJ.

What Is a Wrongful Death Claim?

New Jersey law defines wrongful death as any death that occurs due to a wrongful act, neglect, or default (NJRS 2A-31-1). This definition includes deaths that are the result of negligent behavior, such as car accidents, and intentional actions, like assault and murder.

A wrongful death claim serves to compensate the deceased’s dependents for any losses they suffered due to death. Many survivors and dependents might lose an important source of income and stability when someone dies,  especially if the deceased was the primary income earner of the household.

Wrongful Death vs. Homicide

A wrongful death claim is different from a homicide case in two key ways: First, wrongful death cases are civil claims, whereas homicide is a criminal matter. Wrongful death claims involve the at-fault party paying financial compensation to the deceased’s survivors. Homicide cases result in criminal charges and sentences, like prison time.

Second, the burden of proof in wrongful death claims is different than in homicide cases. In a wrongful death claim, the petitioner must only show it was more likely than not that the at-fault party caused the death. In a criminal homicide case, the prosecution must prove beyond a reasonable doubt the accused committed the crime. A wrongful death case and a criminal homicide trial could arise from the same event, which could lengthen the timelines for a wrongful death civil claim.

Who Can File a Wrongful Death Claim in Newark?

In New Jersey, only the personal representative or executor of the deceased’s estate can file a wrongful death lawsuit (NJRS 2A: 31-2). The deceased’s will usually appoints a personal representative. Often, this person is the deceased’s spouse, children, or parents, but familial relation is not required. If the deceased had no will naming a personal representative, the state can name one. The people entitled to receive compensation from a wrongful death suit are those who would inherit the decedent’s property under New Jersey’s intestate laws. (NJRS 2A: 31-4).

Common Causes of Wrongful Death in Newark

A wrongful death lawsuit can be initiated in virtually any instance where one person dies due to another party’s negligent or intentional wrongdoing. This could include a wide range of accidents in Newark, including:

• Motor vehicle accidents (e.g., car, truck, and motorcycle collisions)
• Pedestrian accidents
• Intentional acts (e.g., assault & battery, murder)
• Defective products
• Premises liability accidents (e.g., slip and falls)
• Work injuries (e.g., construction or manufacturing accidents)
• Medical malpractice
• Nursing home neglect
• Long-term toxic exposure

Wrongful Death Compensation and Emotional Distress Claims

It is important to note that New Jersey’s wrongful death law does not provide that the deceased’s survivors can recover money for emotional suffering and anguish. They can only recover money for explicit losses they suffered due to their death, such as medical bills and lost work income.

However, you may be able to recover money for pain, suffering, and emotional distress through an emotional distress claim. If you or one of your family members witnessed the death of the deceased via accident or intentional act, you could file an emotional distress claim against the at-fault party. This claim would be in addition to any wrongful death claim one might bring for pecuniary damages.

Wrongful Death vs. Survival Action Claims in New Jersey: What’s the Difference?

In addition to wrongful death claims, New Jersey also allows survival actions. A survival action is similar to a wrongful death claim in that it can be brought when someone dies due to wrongful or intentional acts. Wrongful death claims serve to reimburse the deceased’s surviving dependents. In contrast, survival action claims reimburse the deceased’s estate.

A survival action claim is like a personal injury claim the deceased would have brought if they were still alive. The claim can reimburse the deceased’s estate for losses that accrued while the decedent was still alive, such as medical care, lost wages, and other debts. It can also pay for any pain and suffering the deceased experienced before they died. Similar to a wrongful death claim, only the deceased’s personal representative can file a survival action claim.

This difference means that one can pursue a wrongful death claim and survival action claim at the same time in New Jersey. Indeed, making both types of claims is often the optimal strategy when trying to recover the maximum compensation after a loved one’s death. An attorney from Brach Eichler Injury Lawyers can help you explore options for filing both wrongful death and survival action claims in Newark.

Why Choose Brach Eichler Injury Lawyers for Wrongful Death Representation?

The death of a loved one is possibly the single most difficult thing someone can experience and has the potential to drastically alter the surviving family members’ lives. Moreover, pursuing a financial settlement is rarely straightforward and could require several months or more than a year of investigation, negotiation, and litigation. In the meantime, bills can pile up, making the stress seem insurmountable.

Brach Eichler Injury Lawyers understands these challenges unique to wrongful death claims and can work to alleviate the burdens of pursuing a claim. We will take care of every legal detail and prepare a robust case that will give you a strong chance of securing the compensation you deserve. We have decades of experience working with victims of loss and will do everything in our power to bring you closure and finality with a wrongful death claim.

Newark Wrongful Death Attorney FAQs

If you have any other specific questions about New Jersey’s wrongful death laws or wrongful death damages, contact our Newark offices.

How Can a Wrongful Death Lawyer in Newark Help Me Prove Someone Else Is at Fault for My Loved One’s Death?

A wrongful death attorney can perform an exhaustive investigation of the accident scene and gather evidence proving the at-fault party is liable for your loved one’s death. In addition to gathering evidence, your attorney will build a compelling narrative that clearly links the death of your loved one and your losses to the liable party’s actions. If the insurance company tries to deny or shift blame, an attorney can negotiate and put pressure on them to honor their payment obligations.

What Types of Compensation Can I Claim in a Wrongful Death Case in Newark?

You can recover any financial losses you have suffered due to the death of your loved one. For instance, you can recover money for your loved one’s medical bills, funeral expenses, and lost income.

How Long Do I Have to File a Wrongful Death Claim in Newark, and How Can a Lawyer Help With the Process?

The statute of limitations on wrongful death claims in Newark allows the personal representative two years from the date of death to file suit against the at-fault party (NJRS 2A:31-3). Note that the time limit starts from the date of death, which may be a different date from the accident that resulted in the death.

What Is the Settlement Allocation in a Wrongful Death Claim?

NJRS 2A:31-4 establishes that the money from a wrongful death claim goes to the people entitled to inherit the deceased’s property under intestate succession law. Typically, the money goes to the deceased’s spouse if they shared children. If the deceased had children they didn’t share with the spouse, the spouse gets a percentage and the deceased’s children get a percentage. If the deceased has no spouse or children, the money goes to their parents or siblings.

Contact a Wrongful Death Attorney in Newark Today

Brach Eichler Injury Lawyers will stand up for your rights and provide compassionate support while pursuing compensation for the loss of your loved one. Nothing we can do can reverse the pain of loss, but we can help you establish a firm financial foothold as you work through this difficult transition. We have decades of experience managing wrongful death claims for Newark residents and will utilize every available strategy and legal process to recover what you need to heal and rebuild.

Contact us online or call (973) 364-8300. We are available 24/7, so we can schedule a free, no-obligation consultation with a Newark wrongful death lawyer whenever is convenient for you.