Montclair Wrongful Death Lawyers

Losing a loved one is an emotionally devastating experience, and when that loss results from another party’s negligence or misconduct, the pain can be even more profound. In such circumstances, pursuing a wrongful death claim may provide surviving family members with a sense of justice and financial relief. 

Wrongful death claims are civil lawsuits brought by the survivors of an individual who has died due to the wrongful actions of another. These claims aim to compensate the deceased’s estate and close relatives for losses incurred as a result of the death. The Montclair wrongful death lawyers at Goldstein & Goldstein, LLP are dedicated to assisting families through this challenging process, offering legal guidance and support.

What Constitutes a Wrongful Death Claim in New Jersey?

In New Jersey, a wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, or default of another party. The circumstances must be such that the deceased could have pursued a personal injury claim had they survived. The claim seeks to provide compensation for financial losses suffered by the survivors, such as lost income, medical expenses incurred prior to death, funeral costs, and the value of services the deceased would have provided. It is important to note that New Jersey law focuses on the financial impact on the survivors rather than non-economic damages like the pain and suffering of the deceased.

The most common examples of wrongful death claims include:

• Motor Vehicle Accidents: Fatal crashes caused by negligent driving, including reckless driving, speeding, distracted driving, or driving under the influence.
• Medical Malpractice: Deaths resulting from surgical errors, misdiagnosis, delayed treatment, anesthesia mistakes, or medication errors.
• Workplace Accidents: Fatal injuries occurring on construction sites, in factories, or due to exposure to hazardous materials.
• Defective Products: Deaths caused by unsafe consumer products, dangerous drugs, or faulty medical devices.
• Premises Liability: Fatal incidents resulting from unsafe property conditions, such as slip and falls, inadequate security, or structural failures.
• Criminal Acts: Homicides or fatal assaults caused by intentional violence or reckless behavior.
• Nursing Home Neglect or Abuse: Deaths caused by inadequate care, medical neglect, or physical abuse in assisted living facilities.

Who Is Eligible to File a Wrongful Death Lawsuit in Montclair?

Under New Jersey law, the personal representative of the deceased’s estate is responsible for filing a wrongful death lawsuit. This representative is often named in the deceased’s will or appointed by the court if no will exists. The lawsuit is filed on behalf of the beneficiaries, who typically include:

• The surviving spouse and children
• If there is no spouse or children, the deceased’s parents
• If there are no parents, then other relatives who were financially dependent on the deceased

The distribution of any awarded damages follows the state’s intestacy laws, prioritizing those most closely related to the deceased.

What Is the Statute of Limitations for Wrongful Death Claims in New Jersey?

In New Jersey, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. This means that legal action must be initiated within this timeframe; otherwise, the court is likely to dismiss the case, and the right to compensation will be lost. There are exceptions to this rule, such as cases involving criminal actions, but they are limited. We recommend contacting our Montclair wrongful death lawyers promptly; we help clients comply with all legal deadlines.

What Types of Damages Can Be Recovered in a Wrongful Death Case?

The damages recoverable in a wrongful death case in New Jersey are primarily economic and intended to compensate for financial losses resulting from the death. These may include:

• Loss of financial support the deceased would have provided
• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• The value of household services the deceased performed
• Loss of guidance, care, and companionship for surviving family members

How Can Montclair Wrongful Death Lawyers Assist in These Cases?

Our Montclair wrongful death lawyers at Goldstein & Goldstein, LLP provide invaluable assistance to families pursuing wrongful death claims. We begin by evaluating the merits of the case to determine whether a viable claim exists. A thorough investigation follows, gathering evidence related to the circumstances surrounding the death. Identifying all liable parties is a critical step in building a strong claim. 

We also calculate the full extent of economic losses suffered by the surviving family members. Throughout the process, our team handles all legal filings and procedural requirements while representing the family’s interests in negotiations and, if necessary, in court proceedings. Our approach helps families understand their legal rights and options, allowing them to make informed decisions during a difficult time.

What Is the Process for Pursuing a Wrongful Death Claim in Montclair?

The process of pursuing a wrongful death claim typically involves several steps. It begins with an initial consultation, during which Montclair wrongful death lawyers evaluate the case and determine its viability. If a claim is pursued, an investigation follows to gather critical evidence such as medical records, accident reports, and witness statements. Once sufficient evidence is collected, the personal representative files the wrongful death complaint in the appropriate court. 

The discovery phase then allows both parties to exchange information and present relevant evidence. Negotiation efforts may take place to reach a settlement that fairly compensates the surviving family members. If an agreement cannot be reached, the case proceeds to trial, where a judge or jury will determine the outcome.  

How Long Does a Wrongful Death Case Take to Resolve?

The duration of a wrongful death case varies based on factors such as the complexity of the evidence, the willingness of the parties to negotiate, and the court’s schedule. Some cases settle within months, while others take several years if litigation is necessary. Insurance companies may attempt to delay proceedings, requiring extensive negotiations or a trial. A thorough investigation and strong legal representation can help move the process forward efficiently. While no timeline is guaranteed, our Montclair wrongful death lawyers work diligently to achieve resolutions that fairly compensate surviving family members for their financial losses.

Contact the Montclair Wrongful Death Lawyers at Goldstein & Goldstein, LLP for Compassionate Legal Support with Your Wrongful Death Claim

If you have lost a loved one due to another’s negligence or wrongful actions, the Montclair wrongful death lawyers at Goldstein & Goldstein, LLP are here to provide the legal support and guidance you need. For a free consultation, call our East Orange, New Jersey, office at 973-675-8277 or contact us online. We proudly serve clients throughout the surrounding areas.