The unexpected loss of a loved one is devastating. When that loss happens due to someone else’s negligence or recklessness, the pain of that loss is compounded by feelings of frustration and anger at what could have been a preventable situation.

When another party is responsible for the loss of a family member as a result of carelessness, you likely have a wrongful death claim on your hands to seek justice.

Some people may not feel as if they are “the type” of person to file a lawsuit, or they may not understand what options are available to them. While no amount of money can replace your loved one, a wrongful death lawsuit seeks monetary compensation for the losses associated with the victim’s death from the negligent person or entity that caused the death. An experienced New Jersey wrongful death attorney, like the firm of Brandon J. Broderick, can represent you and your family in a wrongful death claim.

At Brandon J Broderick, Attorney at Law, we approach every case with compassion and empathy. Our New Jersey wrongful death attorneys understand what it takes to build a case and aggressively litigate your claim to get you and your family the compensation you deserve. Our compassionate client care and honest, straight-forward approach help make us one of the top-rated personal injury firms in New Jersey. We fight for your best outcome so you can focus on your family and recovery. 

New Jersey Wrongful Death Claims

A wrongful death lawsuit can be filed when one person’s death occurs as the result of the negligence, careless or reckless behavior, or violence of another individual or entity. Wrongful death claims are similar to a personal injury case in which an individual can sue to recover losses like medical bills and lost income incurred because of an accident or illness. Examples of situations that are common in wrongful death lawsuits include: 

  • Car Accidents
  • Bus or Transit Accidents
  • Medical Malpractice
  • Toxic Exposure
  • Truck Accidents
  • Pedestrian Accidents
  • Construction Accidents
  • Workplace Accidents

These scenarios are just examples. If the death of a loved one or family member was caused by the negligence of another, you may be able to bring a wrongful death claim.

Who Can File A Wrongful Death Claim?

Surviving family members have the right to pursue wrongful death lawsuits in several states. In New Jersey, a wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who can file a claim and receive compensation varies from by state. Typically, spouses and children of the victim are the main recipients of the wrongful death compensation but beneficiaries can include anyone who was financially dependent on the deceased. 

In New Jersey, the executor or administrator of the estate must file the claim on behalf of the following survivors:

  • Spouse
  • Children, including adult children
  • Parents
  • Grandchildren
  • Siblings
  • Nieces and nephews
  • Other relatives or friends who can prove they were financially reliant on the deceased victim

In a situation where there are many survivors seeking a wrongful death claim, the court may determine a hierarchy for the beneficiaries. Typically, the court focuses on those who were financially dependent on the deceased. 

Compensation in a New Jersey Wrongful Death Claim

A wrongful death lawsuit is intended to compensate the victim's family members for the economic losses they suffered as a result of the untimely death of their loved one. The most common damages awarded in a New Jersey wrongful death lawsuits are related to:

  • Medical expenses incurred from the time of injury until death
  • Funeral, cremation and/or burial costs
  • Lost wages the victim was earning and would have been able to earn in the future
  • Loss or reduction in inheritance 
  • Loss in parental guidance 
  • Household services that the victim provided, such as childcare

The victim’s age and life expectancy does play a part into how the court views the financial impact of the loss. For instance, a younger person leaving young children behind has more impact than an older person leaving adult children.

If a jury or judge finds that the at-fault party acted with gross negligence or malice, the jury may additionally impose punitive damages to "punish" their actions.

The estate files a personal injury claim, but any compensation is paid to the deceased's heirs and beneficiaries

Time Limits To File an NJ Wrongful Death Claim

The New Jersey statute of limitations establishes time limits for filing a civil lawsuit for wrongful death. In New Jersey, a wrongful death case must be filed within two years after a person's death. If you fail to submit your case by the deadline, you forfeit your right to seek compensation in a wrongful death claim.

There are exceptions, so it is important to talk to an experienced attorney about your case before giving up if the deadline has passed.

Talk to a Wrongful Death Attorney In New Jersey

At Brandon J. Broderick, Attorney at Law, we have decades of experience championing for our clients and succeeding, even when other attorneys say there is no case. Our compassionate client care and honest, straight-forward approach help to make us one of the top-rated law firms in New Jersey. We fight for your best outcome so you can focus on what really matters. 

We’ve helped people just like you move forward after devastating events caused by another’s negligence. Our wrongful death lawyers work on a contingency basis which means that you pay nothing upfront and we only get paid if you win. Contact us today for a free consultation.

Posted by: Brandon J. Bro…
Date: Tue, 09/13/2022 - 16:24

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