New Jersey wrongful death cases involve the death of an individual because of the wrongful act, neglect or default of another. The death can result from negligent acts, medical malpractice or intentional acts, including crimes. The consequences of a wrongful death can devastate the survivors, both financially and otherwise. Families of wrongful death victims need experienced New Jersey wrongful death attorneys to help them get their just compensation.
In New Jersey, the personal representative of the decedent may bring a wrongful death action. This may include the executor of the decedent’s will or the estate administrator appointed by the probate court.
Who Can File a Wrongful Death Lawsuit in New Jersey?
In New Jersey, the personal representative of the estate of the deceased must file the lawsuit. If the deceased had a will, the executor/executrix of the estate would sue.
If there was no will, a court would appoint an estate administrator who could sue.
What Types of Personal Injury Cases Result in a New Jersey Wrongful Death Case?
Certainly, in any type of personal injury case, negligent acts of a person which result in injury to a victim can also lead to the death of a victim. Therefore, wrongful death claims can arise in many personal injury claims:
- Car accidents;
- Construction site accidents;
- Motorcycle accidents;
- Bicycle accidents;
- Dog bites;
- Dram shop cases.
What Types of Damages Are Awarded in New Jersey Wrongful Death Cases?
There are several types of damages that are awarded to the survivors of a wrongful death victim:
- Loss of the financial support of the victim based on the compensation the victim would have earned, but for her death;
- Loss of consortium-the loss of advice, companionship and support family members provide to each other;
- The value of household services the victim provided;
- Medical, funeral and burial expenses.
Who is Entitled to Get Damages in a Wrongful Death Case?
The surviving spouse, children and grandchildren of the victim may get damages in a New Jersey wrongful death case. If there is no surviving spouse, children or grandchildren, the parents of the victim can recover the damages.
If there are no parents, siblings, nieces and nephews may claim the damages.
However, to claim damages, the surviving family members must show that they depended on the deceased.
Why Your Family Needs Experienced New Jersey Wrongful Death Attorneys
Of course, it is difficult to quantify the survivors’ loss of companionship and the future earnings of the deceased party. This is where an experienced New Jersey wrongful death attorney can assist the survivors in evaluating the circumstances of the decedent’s death and the impact of the death on the surviving family members.
Experienced New Jersey Wrongful Death Attorneys
If you know someone whose family member has been the victim of a wrongful death, contact Schiller, Pittenger & Galvin, P.C., at our Scotch Plains office at 908-490-0444 or online for a free consultation with a New Jersey wrongful death attorney. There is no attorneys’ fee charged to you unless we are successful in obtaining a recovery on your behalf.