Wrongful Death Case in New Jersey: What the Statutes Say
Anytime a loved one is lost, it can be an incredibly emotional and challenging time. However, when a loved one loses their life unexpectedly, that tragedy can be even harder to cope with.
Families in New Jersey may want to seek financial compensation and justice for the death of their loved one, but it is essential to understand the legal framework to do so. Having some basic knowledge of the laws can help you work through the process and may give you a better idea of what is to come.
The South Jersey wrongful death attorney at Monaco Law PC can discuss with you how wrongful death lawsuits work and also answer your questions. If you are ready to proceed, Attorney Monaco can provide you with legal representation during such a difficult time.
New Jersey Wrongful Death Laws
New Jersey defines wrongful death as an incident where someone loses their life as a result of a wrongful act, neglect, or default of another party or entity. In wrongful death cases, the idea is that a death is “wrongful” because if the victim was able to overcome and survive their injuries, they would have the right to file a personal injury claim and recover financial compensation.
The New Jersey Wrongful Death Act says that only certain members of a deceased one’s family may file a claim for financial damages as a result of the wrongful death. The New Jersey Survivor’s Act gives the estate of the deceased the right to obtain damages that the deceased could have obtained if they were able to survive their accident.
Damages that a wrongful death claim in New Jersey can include are as follows:
- Final expenses and funeral costs.
- Loss of services that the deceased would have been able to offer if they had survived. Examples include the loss of guidance or services.
- Loss of companionship.
- Emotional losses such as mental anguish, loss of society, and emotional pain and suffering.
Filing a Wrongful Death Claim in New Jersey
The eligible party would file the wrongful death claim, and when damages are recovered, they will be distributed amongst rightful parties, such as a surviving spouse, children, and other dependents. In general, a New Jersey wrongful death claim must be filed within two years of the individual’s death.
Once the claim is filed, it can be successful if the following elements are proven:
- The defendant was engaged in a negligent or wrongful act.
- The negligent or wrongful act of the defendant directly caused the death.
- The deceased individual had surviving family members who relied on them and who sustained financial losses as a result of the death of their loved one.
Speak to a New Jersey Wrongful Death Attorney Today
Our South Jersey wrongful death lawyer at Monaco Law PC can help you after you lose a loved one in a New Jersey wrongful death accident. To speak with an attorney, you are welcome to call (609) 277-3166 for our New Jersey office discuss your case today.
We are a New Jersey wrongful death and personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.
