New Jersey Wrongful Death Lawyer
New Jersey wrongful death occurs when someone is needlessly killed by the reckless or careless conduct of another including a corporation, individual or government agency. When a wrongful death suddenly happens, family members will often be confused and in need of guidance to help get them through this tragedy. If a loved one has been wrongfully killed, call me, Joseph Monaco, New Jersey wrongful death lawyer, to learn your rights including the right to be monetarily compensated for your sudden, unexpected loss of a loved one.
In New Jersey, between 500 to 550 people are killed each year just from auto accidents. The vast majority of those killed are the operators of the vehicles involved. Nationwide, it is estimated that over 200,000 people are killed each year by medical errors. Unfortunately, determining how many of our friends, neighbors or co-workers are wrongfully killed each year in New Jersey is hard to determine and likely unknown. That’s why it is crucial to have access to the Courts to file a wrongful death civil action to hold the wrongdoers accountable for their reckless or negligent behavior.
Fighting for justice & the monetary compensation you deserve in your New Jersey wrongful death case
The death of a close relative can be devastating. Emotional turmoil after an unexpected and needless tragedy will take a huge toll on the family of a New Jersey wrongful death victim. Plus, the unanticipated financial hardships only work to compound the problem. Your family will be faced with medical bills, lost income and funeral expenses which will quickly add up. If your loved one’s income was the primary financial support for the family, you may not be able to pay your monthly bills for necessities such as the mortgage rent, food or utilities. Fortunately, however, when the death of a loved one is the result of someone else’s reckless or negligent conduct, you have legal options in seeking an award of monetary compensation.
Under New Jersey law, you can seek compensation for financial losses and decedent’s pain and suffering. Wrongful death cases are often complex and can take years to resolve. That is why it is important to retain legal representation by an attorney with decades of experience. I, Joseph Monaco, have over 30 years of trial experience handling wrongful death cases throughout New Jersey as one of the leading wrongful death lawyers.
Contact me online or by calling or texting me today at (609) 277-3166 to schedule a free consultation.
Common Causes of New Jersey Wrongful Death Accidents include:
- Medical malpractice
- Truck and motorcycle accidents
- Defective products including dangerous medications
- Boating and personal watercraft accidents
- Car collisions
- Industrial accidents
- Premises liability accidents including slip and falls
New Jersey Wrongful Death Compensation:
- Pain and suffering by decedent before death
- Funeral expenses
- Medical bills
- A child, parent or spouse’s loss of services, assistance, care, training, guidance, advice, counsel and companionship
- Loss of future financial support
Who is legally entitled to bring a New Jersey wrongful death claim?
In New Jersey, wrongful death claims must be brought within two years from the date of death, although there are some exceptions that may shorten or lengthen this time period. The laws governing filing deadlines are known as statutes of limitation.
Before a wrongful death action can be file with the Superior Court of New Jersey, an administrator or executor must be appointed by the Surrogate’s Office for the county where the decedent resided at the time of death. The representative can be an heir or other person the family trusts. In some cases, the Superior Court can be petitioned to appoint an administrator.
Wrongful death heirs in New Jersey are the surviving spouse and children and parents if decedent did not leave behind a spouse or child. If a family member has died because of someone else’s fault, I as an experienced New Jersey Wrongful Death Attorney can prepare and file the paperwork necessary to appoint an administrator o executor. I regularly do this for my clients without charging any additional fees.
If the defendant’s behavior was particularly atrocious: intentional, or reckless, your family may have a claim for punitive damages, which are designed to punish the wrongdoer. For example, if the wrongful death was by a drunk driver or tractor trailer operator driving excessive hours without rest, a jury may award punitive damages to punish the driver and discourage others from acting the same way. Unlike a criminal fine, though, an award of punitive damages goes directly to decedent’s heirs to provide them with a sense of justice.
Are Punitive Damages recoverable in a New Jersey wrongful death case?
Interestingly, when someone is wrongfully killed as a result of someone else’s intentional reckless or negligent conduct, the responsible party may face criminal charges as well. The State of New Jersey requires the applicable county prosecutor’s office to investigate every death resulting from a trauma such as a car accident or fire. In most trauma cases, the defendant will likely not be charged with a crime but will face consequences in the civil wrongful death and survival actions filed with the court.
If the wrongdoer is convicted of a crime, civil liability may be deemed proven in many cases. That is because criminal cases have a higher burden of proof: beyond a reasonable doubt verses the “more likely true than not true” standard used in civil cases. This civil standard is also known as the “preponderance of evidence” standard. Consequently, a defendant could be found not guilty in a criminal case but guilty in a civil case including being responsible for paying an award of monetary damages.
What is a New Jersey survival action?
A New Jersey survival action is almost always filed in conjunction with the wrongful death case. Essentially, a survival action covers the harm suffered by the decedent before she passes. This would include an award for the pain, suffering, medal bills and lost wages incurred before the death. When a person dies because of the reckless or negligent conduct of someone else, her personal injury claim does not die with him but rather “survives” to allow a recovery by her estate. Although it may seem counter intuitive, a survival action is about the decedent, not the beneficiaries of the estate.
To learn your rights regarding New Jersey wrongful death and survival actions including getting answers to your many questions, I encourage you to phone or text me at 609-277-3166 for a free consultation directly with me. I have represented countless families in wrongful death cases. I have access to leading medical experts, engineers and accident reconstructionists to help put your case together in a detail oriented manner to achieve maximum success.
Can you bring a New Jersey wrongful death claim if the deceased victim was not employed?
Lost income of the wrongful death victim is usually the most significant pecuniary loss under the New Jersey Wrongful Death Act. However, New Jersey law allows the decedent’s heirs to collect damages for other types of pecuniary losses as well. After all, contributions from a family member are not limited to how much money they made. Loved ones are more than dollars and cents. If an adult family member was a homemaker, or a minor child attended school, their contributions to the family have intrinsic value no doubt. A stay-at-home parent or a child is an intricate part of the family dynamic under any circumstance. New Jersey Model Civil Charge 8.43 allows a jury to award monetary damages for the “services, assistance, care, training, guidance, advice, counsel and companionship the survivors would have received from the decedent if had she lived.” Unfortunately, damage awards in these cases can on occasion be less significant. Nevertheless, your family deserves to be compensated when a loved one is wrongfully killed.
Contact An Experienced New Jersey Wrongful Death Lawyer Today
Call or text me, Joseph Monaco, at 609-277-3166 to receive a Free Consultation offering my over 30 years of experience as a New Jersey Wrongful Death Lawyer. My firm also offers the No Recovery, No Fee Guarantee. Call now before critical evidence is destroyed or lost. An early investigation is crucial in New Jersey wrongful death and survival cases.
