What is Considered a Wrongful Death in NJ?

Posted on behalf of James Lynch on May 5, 2020  in Personal Injury News. Updated on March 2, 2022

hand-flowers-burialWhen a family suffers the wrongful death of a loved one, it can cause both emotional and financial hardships that may leave families not knowing where to turn. Having a qualified attorney investigate your claim could help you through the recovery process.

The New Jersey wrongful death attorneys at Lynch Law Firm, PC are prepared to listen to the details of your claim in a no cost, no obligation evaluation. Our attorneys are experienced with holding negligent parties liable for funeral and burial costs, lost future income and other related damages.

Below, we explain what is considered a wrongful death in New Jersey and the compensation that may be available to surviving family members.

What is a Wrongful Death in New Jersey?

New Jersey law considers a wrongful death as a situation in which a person is killed due to someone else’s carelessness, recklessness or deliberate actions. To have a valid claim, the conditions that caused the death would have allowed for a personal injury lawsuit, had the victim survived.

Most wrongful death cases are accidents that could have been prevented if the at-fault party had acted with reasonable care. Some of the most common types of accidents that may be considered for a wrongful death claim are:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Workplace accidents
  • Medical malpractice
  • Defective products

Whether your loved one died at the accident scene or later due to his or her injuries, you may be eligible for compensation to help cover damages related to the incident.

What Damages Are Available in a Wrongful Death Claim?

Damages resulting from a wrongful death claim in New Jersey are aimed at compensating surviving family members and the estate for losses generated from the deceased person. Such losses may include:

  • Funeral and burial costs
  • Any medical expenses accrued leading up to the death
  • Loss of future income the deceased would have provided
  • Loss of benefits and retirement funds
  • Loss of companionship, guidance, care and comfort

Unlike a personal injury claim, surviving family members cannot recover compensation for emotional distress or punitive damages.

Although no amount of compensation could ever replace the loss of a loved one, fighting for this financial support could be well within your rights, and could help ease stress for you and your family.

Who Can File a Wrongful Death Claim in NJ?

A wrongful death claim in New Jersey can only be filed by a personal representative of the victim’s eligible survivors. Usually this person is identified in the deceased victim’s will, however, if there is no will – which is often the case – then the court could appoint one of the following surviving family members as the legal representative:

  • The deceased victim’s surviving spouse or children
  • The victim’s parents (if there is no surviving spouse or children)
  • If there are no surviving parents, the victim’s surviving siblings or nieces and nephews

To be eligible to file a wrongful death claim, the individual must show dependency on the deceased victim – as just showing a mere relationship may not suffice.

Inquire With an Experienced Lawyer Today

If you believe you lost a loved one due to the negligence of another individual or entity, discussing your situation with an experienced lawyer is highly recommended. Our lawyers at Lynch Law Firm, PC are prepared to walk you through the legal process and discuss your options in a no-cost consultation.

You are not be obligated to hire us for legal representation, and we do not collect any legal fees unless we recover fair compensation for your wrongful death claim.

Call (800) 518-0508 to schedule your complimentary consultation today.

* Results may vary depending on your particular facts and legal circumstances.

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