If you lose a loved one in an accident or because of someone else’s wrongful conduct (think a robbery gone wrong), you may be legally entitled to file a wrongful death claim. In the information below, we will answer some of the more frequently asked questions about New Jersey wrongful death claims. For more specific information, you should call our office today.
What Kinds of Incidents can Lead to Wrongful Death Claims?
Under New Jersey law, a person’s death must be caused by the wrongful act, neglect, or default of another in order to result in a wrongful death claim. A good way to think about it is that a wrongful death claim can be filed if the decedent would have been able to file a personal injury claim if he or she had lived. Some of the more common incidents that often result in wrongful death claims include the following:
|· Car accidents· Violent assaults
· Motorcycle accidents
· Pedestrian accidents
· Bicycle accidents
|· Construction accidents· Consumer product accidents
· Workplace accidents
· Sports accidents
· Equipment failures
Of course, this list is not exhaustive, and there are many other incidents that could give rise to a wrongful death claim. Talk to an attorney to learn whether your case qualifies.
Who can File a Wrongful Death Claim?
A wrongful death lawsuit is generally filed by the personal representative of the decedent’s estate on behalf of his or her surviving family members who would considered “heirs” under New Jersey laws. The parties who may typically recover in a wrongful death action include the following:
- A surviving spouse
- Children or grandchildren
- Siblings, nephews, nieces
- Individuals who can demonstrate that they were “actually dependent” on the decedent
What Damages are Available in a New Jersey Wrongful Death Lawsuit?
The damages available under New Jersey law for these types of claims are limited to financial losses. In order to recover for emotional distress, survivors must file a separate action. Examples of the damages that may be sought include the following:
- Loss of financial support
- Loss of the value of household services
- Loss of parental guidance and care
- Loss of companionship
Contact a New Jersey Wrongful Death Attorney Today for More Information
If you believe that you may be entitled to file a wrongful death claim, you should speak with an attorney immediately. While no settlement or award can bring your loved one back, you deserve to be compensated for your loss and the at-fault party should be held liable. To schedule a free consultation with a New Jersey wrongful death lawyer, call our office today at 973-426-0021 or send us an email through our online contact form.