Wrongful Death Attorney Serving New Jersey

Rules for Wrongful Death Lawsuits in New Jersey

New Jersey has a fairly restrictive statute for wrongful death actions. It is crucial to consult experienced New Jersey wrongful death attorneys to understand the statute of limitations and other legal specifics. Parties with standing to bring an action are those who would inherit from the decedent under New Jersey’s laws of inheritance:

• The surviving spouse and children
• If no surviving spouse or children exist, then the victim’s surviving parents
• If no surviving parents exist, then the victim’s surviving brothers, sisters, nieces, or nephews.

Each state has its own wrongful death laws, and understanding New Jersey’s specific statutes is essential. The New Jersey statute allows a decedent’s personal representative to file a claim on behalf of specific relatives.

However, the relationship alone is not decisive. A would-be plaintiff must also prove financial dependence on the decedent.

Plaintiffs in a New Jersey wrongful death suit can only recover economic damages. These include:

• Lost income – The income the victim would have actually earned (including benefits) and contributed to the dependent survivors. A financial expert usually extrapolates earnings over the projected normal working lifetime of the decedent. Any award for lost income would deduct income taxes the victim would have paid and amounts spent on personal maintenance.
• Loss of services – Plaintiffs can recover the reasonable economic value of the services, assistance, guidance, and training the victim would have provided. Again, a financial expert would compile an estimate of the costs you would have to pay for someone else to provide the same services.
• Reasonable funeral and medical expenses – Plaintiffs can recover for actual amounts spent, as long as the expenses were not exorbitant.

Plaintiffs cannot recover for their pain and suffering or other emotional losses. However, if a plaintiff witnessed the death, a claim for negligent infliction of emotional distress is possible.

The statute of limitations for most wrongful death actions in New Jersey is two years from the date of death. If you do not file a lawsuit within that time frame, you generally lose all rights to recover damages. An experienced New Jersey wrongful death attorney can help you handle the complexities of filing a wrongful death lawsuit within the required timeframe.

Filing a Survival Action in New Jersey

A survival action is a lawsuit brought by a representative of the decedent’s estate. They bring it to recover personal injury damages the victim could have pursued if the injuries had not led to death. There is some overlap with the damages for wrongful death, such as recovery for lost income, medical bills, and funeral expenses. But there is one very important addition: compensation for the victim’s pain and suffering. For example, suppose the victim of a car crash underwent several surgeries to save his life and died three months after the crash. His family would be able to recover compensation for three months of anguish. In contrast, the family of a victim of a car crash who died at the scene might not be eligible for any pain and suffering recovery. This process ensures that those who relied on the decedent for support can seek compensation for their financial and emotional losses.

Damages for a survival action do not go to individual plaintiffs. They go to the estate, which dispenses them to heirs according to the decedent’s will or estate plan. If the decedent had no will, the damages go into the estate and pass to the heirs according to New Jersey’s laws of intestacy.

The statute of limitations allows a decedent’s estate two years from the date of death to file a survival action.

Frequently Asked Questions about Wrongful Death Claims

If you’ve lost a loved one, it is entirely natural to have questions about your rights. While a personal injury claim addresses injuries sustained by individuals, a wrongful death claim focuses on the losses suffered by the family due to the death of their loved one. Our team is standing by to speak with you when you contact a wrongful death attorney in New Jersey for a free and confidential consultation to discuss the facts of your case. In the meantime, we’ve provided the answers to some frequently asked questions here:

How do I know if I have a wrongful death claim?

There is a critical requirement you must satisfy to secure compensation in a wrongful death case. You must show your loved one died due to the actions or inactions of another person or party. If someone had a duty to protect your loved one from harm and failed in it, you could have a valid wrongful death claim. Examples of that duty include:

• Driving responsibly
• Providing an adequate standard of medical care
• Designing and manufacturing a safe product

In a New Jersey wrongful death claim, the types of damages that can be recovered vary from personal injury claims. Categories of individuals who can file such claims include immediate family members, such as spouses, children, and parents. The damages available can include medical expenses, loss of wages, and loss of companionship, but punitive damages are not allowed.

As with any civil action, the types and amount of compensation you can recover depend on the specific circumstances of your situation. It will be crucial to speak with an experienced wrongful death lawyer in New Jersey to learn more.

What qualities should I look for in an attorney?

When choosing wrongful death attorneys to handle a wrongful death claim, look for these two essential qualities: the ability to manage your case and the sensitivity to work with you closely during your period of intense grief. At Brach Eichler Injury Lawyers, you get both. We are a preeminent injury law firm, having recovered more than $300 million in compensation for our clients. We are also highly empathetic and dedicated to the highest standards of client service. We will treat you with respect from your first free consultation to the successful resolution of your case.

How much does it cost to hire Brach Eichler Injury Lawyers?

We believe in up-front, honest communication with our clients about our legal fees. We operate on a contingency fee basis, meaning that you pay nothing until we win your case. We know that the loss of a loved one can put a significant strain on your family’s finances. You should never have to worry about how you’ll afford our services. If we don’t secure a successful settlement or verdict for you, you won’t owe us anything at all.

Your New Jersey wrongful death attorney at Brach Eichler Injury Lawyers provide highly professional and ethical representation for wrongful death claims throughout the state. Our wrongful death lawyers are dedicated to helping you navigate the complexities of your claim and obtain the full compensation you deserve for your tragic loss. Call us today at (973) 364-8300 or contact us online to schedule a free consultation.

What is a wrongful death lawsuit?

Wrongful death is a legal term used to describe a situation where a person’s death is caused by the negligence, recklessness, or intentional act of another person or entity. In New Jersey, wrongful death is defined as a death caused by a wrongful or negligent act or default of another. The purpose of a wrongful death claim is to hold the at-fault party accountable and secure compensation for the victim’s loved ones. This legal action helps surviving family members cope with the financial and emotional burdens that arise from their tragic loss.

How do you file a lawful death claim in New Jersey?

In New Jersey, a wrongful death claim can be filed by the executor or administrator of the decedent’s will or estate. If the victim did not have a will, the representative of the estate must be appointed by a probate court. The claim is filed on behalf of family members who were dependent on the deceased at the time of their death. Non-relatives who were financially dependent on the deceased may also be eligible to receive compensation. This process ensures that those who relied on the decedent for support can seek the financial relief they need.

What can you claim as compensation for your wrongful death claim?

In a New Jersey wrongful death case, the following damages may be recoverable:

• Medical expenses of the deceased prior to death – Costs incurred for medical treatment before the victim passed away.
• Funeral and burial expenses – Reasonable costs associated with laying the deceased to rest.
• Value of the deceased’s lost wages and benefits – The income and benefits the victim would have provided to their dependents.
• Value of household services of the deceased – The economic value of services the victim would have contributed to the household.
• Value of the loss of companionship and guidance of the decedent – The emotional and relational support the victim would have offered.

Punitive damages are not permitted in a New Jersey wrongful death claim. The focus is on compensating the family for their tangible and intangible losses.