Losing a loved one or family member to wrongful death is a painful experience to endure. Countless families each year are faced with the task of finding justice for the loss of a loved one through a wrongful death claim. Family members can file a wrongful death claim and seek compensation from those liable for the death.
Wrongful death claims are brought against an individual who caused another person’s death through intent to harm or negligent behavior. In New Jersey, wrongful death claims are filed in civil court and must be filed within two years from the time of the person’s death. Missing the filing deadline will cause a claim to be barred from the court.
It is important to talk with a Wrongful Death Lawyer to ensure that you are following the guidelines for filing your claim and that the claim goes through successfully.
Who can File a Claim and Receive Damages?
A wrongful death claim is normally filed by a personal representative or executor of the estate. Damages are divided between surviving family members who were dependents or entitled to inherit money from the deceased individual, according to inheritance laws of the state. The following family members may get a part of the entitled damages.
- Children or grandchildren
- Nieces or nephews
- Any person who was a dependent of the deceased individual
Reasons for Filing a Wrongful Death Claim
There are many circumstances that can cause a wrongful death and allow family members to file a wrongful death claim against a defendant, such as:
- Car and truck accidents
- Airplane and helicopter crashes
- Medical malpractice by healthcare providers
- Criminal and illegal activities
- Caregiver negligence involving a child or elderly person
Elements to Prove a Wrongful Death Claim
There are certain elements that must be present to bring a wrongful death claim. A Wrongful Death Lawyer with offices in Oakhurst and Howell serving all of New Jersey will examine your case and look for these elements.
- The wrongful death involved a person who had a duty of care
- The wrongful death was a result of negligence or intent to harm
- The wrongful death created a financial injury to family members or dependents
Damages and Wrongful Death Claims
The goal of a wrongful death claim in New Jersey is to compensate the family for their losses due to the untimely and unexpected passing of their loved one. Damages in a New Jersey wrongful death lawsuit may include:
- Loss of financial or monetary support (based on the deceased person’s future earning potential)
- Loss of inheritance
- Medical, funeral, and burial costs of the deceased
- Loss of companionship (consortium)
Seek Legal Advice for a Wrongful Death Claim
The entire family is devastated, and financial futures are put in jeopardy when a wrongful death occurs to a loved one. Those left behind are searching for answers and seeking justice. A Wrongful Death Lawyer can provide you with answers and help you find justice for your loss. Wrongful death lawsuits can be a lengthy, and the laws involved can be confusing. Contact the Wrongful Death Lawyers at Schibell Law, who can clear up the confusion, assist you with your claim, and help you obtain the compensation for your losses. Call 732-774-1000 for more information or to set up a free case evaluation.