New Jersey Wrongful Death Attorneys
Compassionate Counsel Seeking Justice For Grieving Families
In New Jersey, if someone else’s negligence or reckless actions caused a death – from a car accident, workplace accident, medical malpractice, or another incident – the surviving family members can receive monetary compensation for their loss. This is called wrongful death and, understandably, grieving family members are often unaware of the relief that they may receive for their losses.
Losing a family member or loved one due to wrongful death is painful and traumatic. Our experienced New Jersey wrongful death attorneys understand the emotional suffering you and your family are going through and, we help you through this difficult time with compassion and keen knowledge of the law.
What Is Wrongful Death?
The state of New Jersey defines “wrongful death” as a death that is “caused by a wrongful act, neglect or default of another.” In understanding what situations are considered wrongful death, it is helpful to look at it this way: the circumstances that caused the death must be such that they would warrant a personal injury claim if the victim had survived the accident.
Filing A Wrongful Death Claim
The executor of the deceased’s estate or a representative thereof typically files a wrongful death claim on behalf of those surviving family members.
Time Limits On Filing A Wrongful Death Claim
In New Jersey, the statute of limitations for wrongful death claims is two years from the time of the deceased’s death. Claims that are filed after the two-year period will not be heard in court, so it is important to pay attention to the deadline so that you don’t forgo receiving any monetary damages.
Who Receives Any Damages Awarded?
Damages that are awarded in wrongful death cases are given to the deceased’s surviving family members who were dependents of the deceased at the time of their death. Damages may also be distributed to individuals who may inherit from the deceased under New Jersey laws. This may include any of the following:
- Surviving children, spouse or grandchildren
- Surviving parents
- Any surviving siblings of the deceased
- Surviving nieces and nephews
- Individuals who were dependents of the deceased
In most wrongful death cases, the deceased’s surviving spouse and children receive damages first. Surviving parents only inherit in the absence of a surviving spouse and children. Siblings, nieces and nephews only receive damages if there are no surviving parents.
Types Of Damages
In New Jersey, the damages awarded in a wrongful death case are designed to provide compensation to surviving family members – or the estate – of the deceased for losses resulting from the deceased’s death. Damages may include:
- Financial loss: the compensation that the deceased could have earned if they had lived
- Loss of companionship: the guidance, care and comfort the deceased would have provided
- Household services: the value of services lost such as child care, cleaning and chores
- Medical expenses related to the deceased’s injury or final illness
- Funeral and burial expenses for the deceased
Surviving family members may not recover damages for emotional distress in wrongful death cases nor may they receive punitive damages. However, New Jersey law does allow surviving family members who suffered severe distress due to being present when the death occurred, to file a separate claim for negligent infliction of emotional distress, and seek damages.
Experience You Can Count On, Counsel You Can Trust
Let us take the burden of seeking compensation off your shoulders so you can begin the process of healing. Contact the New Jersey wrongful death attorneys at Lomurro Law by phone at 732-482-9285 or online to schedule an appointment to discuss your wrongful death case. Our main office is conveniently located in Freehold, and we also offer consultations by videoconference.