Bloomfield Wrongful Death Lawyers

When a loved one passes away due to another party’s negligent or reckless behavior, families are left with a range of emotional and financial challenges. These situations are often marked by confusion, grief, and a need for answers. Legal representation may be a step toward holding the responsible parties accountable, especially when the loss has caused a significant impact on those left behind.

Wrongful death cases are civil matters brought forth by family members or estate representatives. The purpose of these cases is to seek financial compensation for the losses related to the death, which may include funeral expenses, lost income, and the loss of companionship. Our Bloomfield wrongful death lawyers assist families with filing claims and managing the various legal requirements involved in this type of litigation.

What Qualifies as a Wrongful Death in New Jersey?

A wrongful death occurs when a person dies as a result of another party’s negligence, misconduct, or failure to act with reasonable care. Common causes include motor vehicle collisions, workplace incidents, defective products, and medical procedures that fall below accepted standards. In New Jersey, a wrongful death claim may be brought if the deceased person would have had grounds to file a personal injury lawsuit had they survived.

Who Can File a Wrongful Death Lawsuit in Bloomfield?

In New Jersey, wrongful death claims must be filed by the personal representative of the deceased person’s estate. This individual is often named in the decedent’s will, but if no such designation exists, the court may appoint someone to serve in that role. The representative is responsible for initiating the lawsuit and distributing any awarded damages to eligible beneficiaries.

Those who may benefit from a wrongful death claim include the surviving spouse, children, parents, or other family members who were financially dependent on the deceased. The distribution of damages is subject to the state’s intestacy laws, which determine inheritance rights based on the claimant’s relationship to the deceased. The law recognizes wrongful death claims as a way to pursue damages on behalf of the deceased person’s heirs or estate. The burden is on the claimant to demonstrate that the defendant’s actions directly led to the death and that this caused measurable losses to those financially or emotionally dependent on the deceased. Our Bloomfield wrongful death lawyers help clients establish these connections.

What Types of Compensation Are Available in a Wrongful Death Case?

Wrongful death lawsuits may seek compensation for a variety of losses. These can include medical expenses incurred prior to death, funeral and burial costs, the decedent’s lost income and benefits, and the loss of household services. In addition, family members may pursue compensation for the loss of companionship, care, and guidance. Punitive damages may be awarded in rare cases involving particularly egregious conduct, but they are not commonly granted.  

How Long Do Families Have to File a Wrongful Death Claim?

New Jersey law provides a two-year statute of limitations for wrongful death claims. This means that legal action must be initiated within two years of the date of death. Failure to file within this period generally results in dismissal of the case, regardless of its merit.

There are limited exceptions to this time frame. For example, if the death involved criminal behavior or intentional acts, the filing deadline might differ. However, such exceptions are narrowly interpreted. For this reason, timely action is often recommended in order to preserve the legal right to pursue compensation.

What Is the Legal Process for a Wrongful Death Lawsuit?

The legal process begins with a formal complaint filed in civil court. This document outlines the facts of the case and damages sought. Next, the opposing party is served and allowed to respond. The case then proceeds through the discovery phase, during which both sides gather evidence, request documents, and conduct depositions.

If the parties do not reach a settlement, the case may go to trial. At trial, both sides present arguments and evidence before a judge or jury, who then issue a verdict. The duration of a wrongful death lawsuit depends on the circumstances, the parties involved, and the court’s schedule. Many cases settle before trial, but others proceed to a full hearing.

Can a Wrongful Death Claim Be Filed Alongside a Criminal Case?

Yes, a wrongful death claim may proceed at the same time as a criminal case, but they are separate legal matters. 

• A criminal prosecution is brought by the state and focuses on punishment.
• A wrongful death lawsuit is a civil action intended to provide financial compensation to surviving family members.

It is not necessary for a criminal conviction to occur in order for a civil wrongful death claim to succeed. Civil cases are decided based on a lower standard of proof, known as a preponderance of the evidence, rather than beyond a reasonable doubt. This means that even if the defendant is acquitted in criminal court, they may still be held financially liable in a civil case.

How Is Liability Proven in a Wrongful Death Case?

To establish liability in a wrongful death lawsuit, our Bloomfield wrongful death lawyers must prove that the defendant owed a duty of care to the deceased, breached that duty through action or inaction, and directly caused the death as a result. We must also show that this death resulted in financial or personal losses for the surviving family members.

Evidence commonly used to support a claim includes accident reports, medical records, eyewitness accounts, and expert testimony regarding financial losses. In some cases, testimony from professionals in fields like accident reconstruction or medical care may also be introduced to support specific claims of negligence or causation.

What Makes a Strong Wrongful Death Case?

A strong case typically includes clear evidence of negligence, direct causation between the conduct and the death, and measurable losses suffered by the family. Consistent documentation, reliable witness statements, and credible assessments of financial damages contribute to a stronger legal position.

Maintaining accurate records and seeking appropriate legal guidance can help present the facts of the case more effectively. It is also helpful for the personal representative and family members to remain organized and prepared to respond to requests for information during the legal process. 

Contact the Compassionate Bloomfield Wrongful Death Lawyers at Goldstein & Goldstein, LLP

If you have lost a loved one and believe that negligence played a role, we provide free legal consultations and can help you pursue the compensation your family deserves. For more information, call our Bloomfield wrongful death lawyers at 973-675-8277 or submit our online form. Goldstein & Goldstein, LLP is located in East Orange, New Jersey and serves clients in the surrounding areas.