Securing Justice: An Overview of New Jersey Wrongful Death Lawyers
Losing a loved one is one of the hardest things anyone can go through. When that loss is due to someone else’s negligence or wrongful actions, the grief can be even more overwhelming. New Jersey wrongful death lawyers specialize in helping families steer this challenging time by seeking justice and compensation for their losses.
Here’s a quick snapshot of what you need to know:
- What is wrongful death? It is a death caused by another’s wrongful or negligent act.
- Who can file a claim? An executor or administrator of the deceased’s estate.
- Types of cases: Auto accidents, medical malpractice, criminal acts, and more.
- Compensation covered: Funeral costs, medical expenses, lost wages, loss of companionship.
- Consultations: Most New Jersey wrongful death lawyers offer free initial consultations and work on a contingency fee basis.
I’m Keith E. Zaid, founder of Keith Zaid Law. With over 40 years of experience, I’ve dedicated my career to representing families dealing with wrongful death, ensuring they receive the justice and compensation they deserve. My work spans all Municipal and Superior Courts in New Jersey, and I’ve secured over $150 million in verdicts and settlements.
Understanding Wrongful Death Claims
What Constitutes Wrongful Death?
In New Jersey, wrongful death occurs when someone’s negligence or recklessness leads to another person’s death. Negligence means failing to act with the care that a reasonable person would have exercised in similar circumstances. Reckless behavior involves actions taken with a blatant disregard for the safety of others.
For example, if a drunk driver causes a fatal accident, their reckless behavior could be grounds for a wrongful death claim. Similarly, if a construction site fails to follow safety protocols, resulting in a worker’s death, that could also constitute wrongful death.
Common Causes of Wrongful Death
Wrongful death can result from various incidents. Here are some common causes:
- Auto Accidents: Car, truck, and motorcycle accidents are frequent causes of wrongful death. If a driver is speeding, distracted, or under the influence, they can be held liable.
- Construction Accidents: Construction sites are hazardous. Falls, machinery accidents, or falling debris can lead to fatal injuries.
- Slip and Fall: Property owners must maintain safe conditions. If someone dies due to a hazardous condition like a wet floor, the owner may be liable.
- Criminal Acts: Fatalities resulting from criminal activities, such as assault or robbery, can also lead to wrongful death claims.
Understanding these elements and causes can help you steer the complexities of wrongful death claims in New Jersey.
Who Can File a Wrongful Death Claim in New Jersey?
In New Jersey, only certain individuals have the legal right to file a wrongful death claim. Understanding who can file is crucial to ensuring your claim is valid and timely.
Eligible Family Members
The law specifies that wrongful death claims can be filed on behalf of certain family members who were dependent on the deceased. These include:
- Spouse: The surviving husband or wife of the deceased.
- Children: Any surviving children, including adopted children.
- Parents: If the deceased was unmarried and had no children, the surviving parents can file a claim.
- Dependents: Other family members like siblings, grandchildren, nieces, nephews, or even non-relatives who were financially dependent on the deceased. However, they must prove their dependency to be eligible for compensation.
Having a clear understanding of who can file helps ensure that the right individuals seek justice and compensation for their loss.
Role of the Executor
The executor or personal representative plays a critical role in filing a wrongful death claim. Here’s how:
- Estate Representative: The executor is usually named in the deceased’s will. If there is no will, a probate court appoints an administrator.
- Filing Claims: The executor or administrator files the wrongful death claim on behalf of the eligible family members. They handle the legal paperwork, gather evidence, and work with attorneys to build a strong case.
- Probate Court: If there is no will, the probate court steps in to appoint an administrator. This person then takes on the responsibilities of filing the claim and managing the estate.
Navigating the legal process can be complex, but understanding these roles and responsibilities can make it more manageable.
By knowing who can file a wrongful death claim and the role of the executor, you can better prepare for the legal journey ahead. The next section will cover the types of damages you can recover in a wrongful death claim.
Damages Recoverable in a Wrongful Death Claim
When pursuing a wrongful death claim in New Jersey, the damages you can recover aim to compensate for both economic and non-economic losses. Here’s a breakdown of the types of damages and how to prove them.
Types of Damages
Financial Support and Lost Wages
If you relied on the deceased for financial support, you can claim the loss of past and future earnings. This includes the wages your loved one would have earned throughout their lifetime. For example, if a family lost a primary breadwinner, they could receive compensation equal to the deceased’s future expected earnings.
Household Services
The value of household services the deceased provided can also be recovered. This includes tasks like child care, cleaning, and maintenance. If you had to hire someone to do these tasks after your loved one’s death, those costs could be included in your claim.
Funeral and Burial Expenses
You can be reimbursed for funeral and burial costs. These expenses can add up quickly, and a wrongful death lawsuit can help cover these costs, easing the financial burden during a difficult time.
Medical Expenses
If your loved one incurred medical bills due to the incident that led to their death, these expenses can be recovered. This includes hospital stays, surgeries, and any other related medical treatments.
Loss of Companionship
Losing a loved one isn’t just a financial blow; it’s an emotional one. You can claim damages for the loss of companionship, care, comfort, and guidance that your loved one provided. This is often referred to as “loss of consortium.”
Proving Damages
To successfully recover these damages, you need solid evidence and documentation. Here’s how to go about it:
Collecting Evidence
Gather all necessary documents such as medical bills, funeral receipts, and proof of income. These documents serve as tangible evidence of the financial losses you’ve incurred.
Expert Testimony
In some cases, expert testimony can help prove your damages. For instance, an economist can provide insights into the future earnings your loved one would have generated. Medical experts can testify about the extent and cost of medical treatments received before death.
Documentation
Keep meticulous records of all expenses and losses. This includes pay stubs, tax returns, and invoices for household services. The more detailed your documentation, the stronger your case will be.
Emotional Damages
To prove emotional damages like loss of companionship, you may need statements from family members and close friends. These testimonies can illustrate the emotional void left by your loved one’s passing.
By understanding the types of damages you can recover and how to prove them, you can build a strong wrongful death claim. The next section will discuss the statute of limitations for filing a wrongful death claim in New Jersey.
Statute of Limitations for Wrongful Death Claims in New Jersey
Importance of Timely Filing
When dealing with a wrongful death claim in New Jersey, time is of the essence. The state imposes a strict statute of limitations for filing these claims—two years from the date of death. Missing this deadline can mean losing your right to seek justice and compensation forever.
Why Two Years?
The two-year time limit ensures that claims are made while evidence is still fresh and witnesses’ memories are clear. This helps the legal system function more effectively and fairly.
Exceptions to the Rule
While the two-year limit is standard, certain exceptions can extend this period:
- Findy Rule: If you did not know your loved one’s death was due to negligence, the clock starts ticking from the date you finded this.
- Criminal Cases: If the person responsible is facing criminal charges, you have one year from the conclusion of their criminal case to file a lawsuit.
- Medical Malpractice: In rare cases involving medical malpractice, the limit extends to 2.5 years.
Legal Deadlines
Adhering to legal deadlines is crucial. Missing a deadline can result in your case being dismissed, no matter how strong your claim might be. Therefore, it’s important to act quickly and consult with a knowledgeable attorney as soon as possible.
Preserving Your Rights
Filing your claim within the statute of limitations preserves your right to seek compensation. It ensures that your case will be heard and that you have the best chance to secure the financial support your family needs during this difficult time.
Understanding these timelines and exceptions can make or break your wrongful death claim. The next section will guide you on how to choose the right wrongful death attorney to steer these complexities.
How to Choose the Right Wrongful Death Attorney
Selecting the right wrongful death attorney is crucial for your case. Here’s what you should look for and ask about when choosing a New Jersey wrongful death lawyer:
Qualities to Look For
Experience
Look for an attorney with experience in handling wrongful death cases. This ensures they understand the complexities and nuances of these claims.
Track Record
A proven track record of successful verdicts and settlements is vital.
Client Support
Choose a firm that offers robust client support. This includes 24/7 availability and the willingness to handle all legal processes so you can focus on your family.
Legal Expertise
Ensure the attorney has specific expertise in wrongful death cases. This includes understanding New Jersey’s specific laws and regulations, such as the statute of limitations and the types of damages recoverable.
Compassion
Compassion is key. The attorney should be empathetic and understanding, recognizing the emotional toll this situation takes on you and your family.
Communication Skills
An attorney must communicate clearly and regularly. They should keep you informed about the progress of your case and explain legal terms in a way that’s easy to understand.
Questions to Ask Potential Attorneys
Case Experience
Ask how many wrongful death cases they have handled and what the outcomes were. This can give you a sense of their experience and success rate.
Fee Structure
Inquire about their fee structure. Most wrongful death lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
Success Rate
Ask about their success rate in wrongful death claims. This can help you gauge their ability to secure favorable outcomes.
Frequently Asked Questions about New Jersey Wrongful Death Lawyers
Who Gets the Money in a Wrongful Death Lawsuit in NJ?
In New Jersey, the money from a wrongful death lawsuit is distributed to the deceased person’s family members who were financially dependent on them. This typically includes:
- Surviving spouse: The spouse is usually the primary beneficiary.
- Children: If there are children, they share the settlement with the spouse.
- Parents: If there is no spouse or children, the deceased’s parents may receive the compensation.
- Other dependents: If other family members, like siblings or nieces and nephews, were financially dependent on the deceased, they might also be eligible.
The distribution of funds is handled by the executor or personal representative of the estate, who ensures the money is allocated according to New Jersey law.
How Long Do You Have to File a Wrongful Death Suit in NJ?
In New Jersey, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means you have two years to take legal action.
Exceptions to this rule include:
- Medical malpractice cases: You may have a slightly extended timeframe of 2.5 years if medical malpractice caused the death.
- Criminal cases: If the responsible party faces criminal charges, you have one year from the conclusion of the criminal case to file a lawsuit.
- Government entities: If a municipal government or public corporation is liable, you must file a Notice of Claim within 90 days and have one year and 90 days to file the lawsuit.
Filing promptly is crucial to preserve your rights and ensure evidence is still available.
Is Wrongful Death the Same as Negligence?
Wrongful death and negligence are related but distinct legal concepts.
- Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. This can involve actions like reckless driving or failing to maintain safe conditions on a property.
- Wrongful death occurs when someone’s negligence or wrongful act leads to another person’s death. The purpose of a wrongful death claim is to hold the at-fault party accountable and provide compensation to the deceased’s family.
Wrongful death is a specific type of claim that arises from negligence, but it focuses on the death resulting from that negligence.
Conclusion
At Keith Zaid Law, we understand that losing a loved one due to someone else’s negligence is one of the hardest experiences you can face. Our New Jersey wrongful death lawyers are here to support you through this challenging time.
With over 50 years of combined legal experience, our team has a proven track record of securing compensation for our clients. We have recovered over $50 million in verdicts and settlements, ensuring that those responsible are held accountable.
Personal Injury Expertise
Our attorneys specialize in personal injury and wrongful death cases, focusing on various causes such as auto accidents, construction accidents, and slip and fall incidents. We know the intricacies of New Jersey law and are committed to fighting for the maximum compensation you deserve.
Client Support
We provide 24/7 client support, ensuring that you always have someone to turn to for questions or concerns. Our goal is to make this difficult time a little easier by handling the legal complexities so you can focus on healing.
Contact Information
If you’ve lost a family member due to someone’s negligent actions, don’t hesitate to reach out. Keith Zaid Law offers free consultations and works on a contingency fee basis, meaning you don’t pay unless we win your case.
To learn more about your legal options, visit our New Jersey Wrongful Death Attorney page. We’re here to help you steer this difficult journey and secure the justice your loved one deserves.