The death of a loved one can cause you and your family a great deal of grief and despair, particularly if their death was the result of someone else’s negligent actions. Beyond the emotional challenges you’re likely facing, you might also be left with unpaid medical bills and other costs related to your loved one’s passing. However, you could be entitled to pursue compensation from those responsible for your loved one’s death through a wrongful death lawsuit.
The legal team at Davis, Saperstein & Salomon, P.C. is ready to help you hold those at fault accountable for their actions. We provide compassionate, personalized legal representation to clients throughout New Jersey and New York and fight to get them the justice and compensation they’re entitled to. We’re proud to say that we have made a positive difference in the lives of more than 30,000 clients over more than 40 years of legal service with $800 million in verdicts & settlements recovered.
If you lost a family member and someone else is to blame, please contact our office for a free initial consultation with a compassionate New Jersey wrongful death lawyer.
What Is a Wrongful Death Lawsuit? —Wrongful Death Claims ExaminedWhen someone dies because of another party’s wrongful actions, their survivors can seek compensation by filing a wrongful death lawsuit. This allows them to seek compensation for monetary losses they incurred due to their loved one’s death.
A person’s death can be considered “wrongful” when it is caused by someone else’s negligence, recklessness, or intentional acts, which might involve:
- Car / Truck / Motorcycle accidents – if someone is killed in a New Jersey vehicle accident caused by a reckless driver or automotive defect, the family members may be eligible to file a wrongful death claim.
- Work-related accidents – if someone is killed while on the job, the employer or its insurance company may be required to pay compensation to the family.
- Construction accidents – construction companies are expected to adhere to certain safety standards due to the dangerous nature of the industry. When those standards aren’t met and a worker or innocent bystander is killed, the company responsible or its insurer may be liable for damages. High-risk jobs involving scaffolds and multi-story scaffolding have laws designed to protect workers and their families.
- Defective products – when a consumer product malfunctions and causes a fatal injury, the manufacturer, designer, or distributor may be held responsible.
A wrongful death lawsuit is filed in civil court and does not require the at-fault party to be charged with or convicted of a crime in connection to the death.
Who Can File a Wrongful Death Claim in New Jersey?
In New Jersey, a wrongful death claim or lawsuit must be filed by a victim’s representative — usually the administrator or executor of the victim’s estate. If the victim did not leave a will, the probate court can appoint a representative to serve as administrator. This representative can then bring a wrongful death lawsuit on behalf of the victim’s surviving family members.
Typically, the compensation awarded in a wrongful death lawsuit will go to the victim’s survivors, who can include their:
- Nieces and nephews
- Other dependents
Who gets what will depend on whether the victim had a spouse, children, and surviving parents. The victim’s surviving spouse and children take priority in this list. Under New Jersey law, the survivor must also prove that they were dependent on the victim to be eligible for compensation.
What is the Wrongful Death Claim Statute of Limitations in New Jersey?
Time Limits for Filing Wrongful Death Claims in NJ
In New Jersey, the statute of limitations sets a deadline for filing a wrongful death lawsuit. The suit must be filed within two years of the date of the victim’s death, with few exceptions. A New Jersey wrongful death lawyer can review the facts of your particular case to determine the appropriate deadline for filing your lawsuit.
If the suit is filed after the deadline, it will almost certainly be dismissed. After that, survivors cannot seek compensation in civil court. While two years may sound like a lot of time, it can pass quickly — especially if at-fault parties or their insurance providers choose to dispute the facts of the claim and drag out settlement negotiations.
To protect your right to pursue compensation, it’s important to discuss your case with an experienced wrongful death attorney as soon as possible after your loved one’s passing. This gives them more time to review the case, develop a strategy, and conduct negotiations.
Types of Damages You Could Receive as Compensation for Your Loved One’s Death in NJ
While no amount of money can undo the pain and grief caused by a loved one’s death, a wrongful death lawsuit can provide compensation for financial losses your family has incurred, which can give you a sense of justice and help you move forward.
New Jersey’s wrongful death laws allow surviving family members and dependents to pursue compensation for strictly financial losses stemming from:
- Reasonable funeral and burial expenses for the victim
- Medical costs related to the victim’s injury or illness
- Loss of financial support based on what the victim might have earned over their lifetime
- Loss of health insurance and other benefits
- Loss of companionship
- Loss of consortium
- Loss of parental guidance if the survivor is a child
- The value of the victim’s household services, including maintenance and repairs or chores
Under the New Jersey Wrongful Death Act, compensation for losses such as emotional distress cannot be obtained in a wrongful death lawsuit. However, a survivor may be able to seek compensation for emotional damages in a separate case if they witnessed the death of their loved one and experienced extreme distress as a result. They may also be able to bring a suit on behalf of the victim for any pain and suffering the victim experienced before their death because of the at-fault party’s negligence.
How Can a New Jersey Wrongful Death Lawyer Help with Your Claim?
If your loved one passed away due to someone else’s negligence, your family might be entitled to file a wrongful death suit against that party. However, that can be difficult without the diligent, aggressive legal representation of wrongful death attorneys who will leave no stone unturned to pursue the justice your family deserves. You should be focused on mourning and remembering your loved one, not on the practicalities of pursuing justice.
When you hire our New Jersey wrongful death lawyers, you can expect our firm to vigorously pursue maximum compensation and the best outcome by:
- Conducting an independent investigation into the circumstances of your loved one’s death
- Identifying all liable parties and potential opportunities for compensation
- Gathering evidence to build a strong case in your favor
- Negotiating with insurance companies and other parties on your behalf
- Handling paperwork and managing deadlines
- Calculating the full amount of compensation you may be owed based on your financial losses
- Determining whether you can file further suit for emotional distress
- Working tirelessly to pursue full and fair compensation for you and your family so that you will be financially secure after your loved one’s passing
- Representing you and your family in court if it is the best avenue for seeking justice and maximum compensation
Why Hire Our New Jersey Wrongful Death Attorneys?
You can depend on the New Jersey wrongful death attorneys of Davis, Saperstein & Salomon, P.C. to use our experience and skill to fight for the best outcome. Our firm is trusted throughout New Jersey and New York because of:
- Our dedicated legal team – Our team comprises over 30 personal injury lawyers and a skilled support staff well-versed in New Jersey’s wrongful death statute and committed to personalized customer service.
- Our 40-plus years of experience – We advocate for the rights of accident victims and their families, helping more than 30,000 individuals and families get the compensation they deserve.
- Our proven track record of success – Our attorneys have secured over $800 million in settlements and verdicts for our clients to date.
- Our commitment to using our firm’s resources – No matter how simple or complex a case may be, our lawyers are dedicated to helping our clients obtain life-changing results.
Contact an Experienced Wrongful Death Attorney in New Jersey Today
If you and your family are grieving the loss of a loved one whose death was caused by negligence, our firm can help you demand the justice you and your loved one deserve. While we understand that no amount of money can ever make up for the death of a loved one, our goal is to give grieving family members the knowledge that justice has been served and the peace of mind that comes with financial security.
Contact Davis, Saperstein & Salomon, P.C. for a free, no-obligation consultation to learn more about how our New Jersey wrongful death attorneys can help you and your family through grieving and securing your future.