Clifton Wrongful Death Lawyers

Losing a loved one due to negligence or wrongdoing is a devastating experience. The emotional and financial challenges that follow can be overwhelming. Understanding the legal process and your rights can help you navigate this difficult time while seeking justice for your loved one.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by another party’s negligent, reckless, or intentional actions. This legal action holds the responsible party accountable and seeks financial relief for the surviving family members. Wrongful death cases can result from various situations, including car accidents, workplace incidents, medical malpractice, and defective products.

However, a wrongful death claim is different from a criminal case. While a criminal case seeks to punish the wrongdoer through fines or imprisonment, a wrongful death lawsuit is a civil case that allows surviving family members to pursue financial compensation. This compensation is meant to cover the financial burdens caused by the loss, such as medical expenses, funeral costs, and loss of income.

Who Can File a Wrongful Death Claim in New Jersey?

In New Jersey, the personal representative of the deceased person’s estate is responsible for filing a wrongful death claim. This representative is typically named in the deceased’s will or appointed by the court if no will exists. Compensation obtained through the lawsuit is intended to benefit surviving family members, such as spouses, children, or parents. In cases where there are no immediate family members, other relatives may be eligible to receive compensation.

Family members who were financially dependent on the deceased may have stronger claims for compensation. Courts will often consider how much the deceased contributed financially to the household and whether surviving family members relied on them for economic support. The compensation received through a wrongful death claim is typically distributed among the surviving dependents based on their needs and relationship with the deceased.

What Must Be Proven in a Wrongful Death Case?

To succeed in a wrongful death case, the plaintiff must prove that the defendant’s actions directly caused the death. This involves showing that the defendant owed a duty of care, breached that duty, and that this breach directly led to the fatal injury. Evidence such as medical records, witness statements, and expert testimony often plays a crucial role. Additionally, proving the financial and emotional impact of the loss on surviving family members is essential for obtaining compensation.

Each wrongful death case is unique, and the burden of proof falls on the plaintiff. If the defendant is found liable, the court will determine how much compensation should be awarded based on the evidence presented. Strong legal representation can make a significant difference in proving the claim and securing fair compensation for the family.

What Damages Can Be Recovered?

Compensation in a wrongful death lawsuit may cover medical expenses incurred before the death, funeral and burial costs, loss of income and financial support, and the emotional suffering experienced by surviving family members. New Jersey law typically limits damages to financial losses, though certain exceptions may apply. In some cases, damages may also include the value of services the deceased provided, such as childcare and household maintenance. Additional damages may include lost inheritance, loss of consortium, and compensation for pain and suffering experienced by the deceased before their passing. While New Jersey law generally focuses on financial losses, families may be able to recover additional compensation if they can demonstrate the broader impact of the deceased’s absence in their lives.

How Long Do You Have to File a Wrongful Death Lawsuit in New Jersey?

The statute of limitations for filing a wrongful death claim in New Jersey is generally two years from the date of death. Missing this deadline can result in losing the right to pursue compensation, so it is essential to take prompt legal action. Some exceptions may apply depending on the circumstances, such as cases involving criminal conduct or delayed discovery of the cause of death.

Filing as soon as possible ensures that evidence remains intact and witnesses can provide reliable testimony. Waiting too long to file may make it more difficult to prove negligence and obtain a favorable outcome. Consulting a wrongful death lawyer early in the process can help surviving family members understand their legal options and build a strong case.

What Are Common Causes of Wrongful Death?

Wrongful death cases often stem from incidents such as car accidents, medical malpractice, workplace accidents, and defective products. Car accidents may involve negligent drivers, unsafe road conditions, or vehicle defects. Medical malpractice can result from misdiagnosis, surgical errors, or medication mistakes. Workplace accidents often occur in construction, manufacturing, and other high-risk industries. Defective products, such as faulty machinery or unsafe consumer goods, can also cause fatal injuries.

Additionally, wrongful deaths can occur due to nursing home neglect, pedestrian accidents, and violent crimes. Regardless of the cause, families have the right to seek justice for their loss and hold negligent parties accountable.

What Is the Legal Process for a Wrongful Death Claim?

The process typically begins with an investigation to determine the cause of death and identify responsible parties. This may involve collecting evidence, interviewing witnesses, and consulting experts. Once sufficient evidence is gathered, the personal representative can file a lawsuit. The defendant will have an opportunity to respond, and both parties may engage in pre-trial proceedings such as discovery and settlement negotiations. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and compensation.

The length of a wrongful death case varies depending on the complexity of the case and whether it goes to trial. Some cases settle within months, while others may take years to resolve. A lawyer can help guide families through each step of the process and advocate for their best interests.

Can Multiple Parties Be Held Liable in a Wrongful Death Case?

In some cases, more than one party may be liable. For example, a car accident may involve both a negligent driver and a vehicle manufacturer. Similarly, a workplace accident could result from both employer negligence and defective equipment. Each defendant’s level of responsibility must be assessed, and evidence must demonstrate their role in causing the death.

Identifying all liable parties can increase the chances of recovering full compensation. An experienced lawyer can investigate the case thoroughly to determine whether multiple parties share liability and how they contributed to the wrongful death.

How Does Comparative Negligence Affect a Wrongful Death Case?

New Jersey follows a comparative negligence rule, which means that if the deceased was partially responsible for the incident, the compensation may be reduced. For example, if the deceased was found to be 20% at fault, the total compensation awarded would be reduced by that percentage. However, if the deceased was more than 50% responsible, the family may not be eligible to recover damages. Determining fault requires a thorough investigation and presentation of evidence.

Comparative negligence is an important factor in wrongful death cases, as defendants may argue that the deceased was partially at fault. A skilled lawyer can counter these claims by providing evidence that shifts responsibility onto the defendant.

Why Is Legal Guidance Important in a Wrongful Death Case?

Navigating the complexities of a wrongful death claim can be challenging while coping with the emotional impact of losing a loved one. Seeking legal guidance can help families understand their rights and pursue compensation. By holding the responsible parties accountable, families can achieve a sense of justice and financial stability. Legal professionals can assist with gathering evidence, negotiating with insurance companies, and representing families in court if necessary.

Clifton Wrongful Death Lawyers at Goldstein & Goldstein, LLP Understand the Legal Complexities of Wrongful Death Claims

If you have lost a loved one due to someone else’s negligence, the Clifton wrongful death lawyers at Goldstein & Goldstein, LLP are here to help. They provide support and guidance during this difficult time, helping your family navigate the legal process and seek the compensation you deserve. Call 973-675-8277 today or contact us online for a free consultation. Located in East Orange, New Jersey, we proudly serve clients throughout the surrounding areas.