New Jersey Wrongful Death Attorney

How Much Is My New Jersey Wrongful Death Worth?

Compensation recovered in a wrongful death lawsuit can vary drastically based on a number of factors, such as how the accident occurred and the amount of insurance coverage available. However, several different types of damages are available to a person filing a wrongful death lawsuit in New Jersey.

Surviving family members may seek compensation for:

• Medical bills: This includes all medical expenses from the time the accident occurred until the time of death, including the ambulance, hospital stay, surgeries, and more.
• Burial and expenses: This may include the cost of a coffin or urn, cremation, or other related expenses.
• Loss of support: This refers to the loss of financial contributions as well as household contributions from your deceased loved one
• Loss of companionship: In addition to the financial loss, surviving family members, including both the surviving children and spouse, may be compensated for the loss of emotional support and love they endure as a result of their loved one’s death
• Emotional pain and suffering: After the loss of a loved one, the surviving family can pursue compensation for the immense pain and suffering that occurs as a result of a tragic death

Definition of Wrongful Death in New Jersey

Each state has laws regarding wrongful death lawsuits. The New Jersey Wrongful Death Act (NJ Stat. § 2A:31) is the primary statute that governs wrongful death lawsuits in New Jersey. The act allows survivors to file a claim for damages if the death of a loved one was caused by the wrongful conduct of another party.

Under New Jersey law, wrongful death is “caused by a wrongful act, neglect, or default.” In simpler terms, a wrongful death occurs when the victim dies from another party’s actions, including in cases of negligence-based accidents like car accidents, intentional acts including violent crimes, and medical malpractice. If an intoxicated driver, for example, kills a person, the victim’s surviving family can sue the driver for wrongful death.

New Jersey’s wrongful death laws also require a personal representative of the deceased’s estate, sometimes called the executor, to bring all claims. If the estate lacks a personal representative, the court will name someone to act as the personal representative to file the wrongful death claim. The executor can then file a wrongful death lawsuit for the surviving spouse, children, parents, grandparents, or other relatives who depended on the deceased.

Statistics About Wrongful Deaths

• In the United States, CDC data shows that unintentional injuries are the fourth leading cause of death, with over 200,000 deaths attributed to accidental injuries in just one year.
• According to New Jersey State Police, 668 fatal roadway accidents occurred in one recent year, resulting in 698 fatalities. Some of the most dangerous roads in New Jersey include I-95 near the Vince Lombardi Service Area, U.S. 30 on the 4.7 miles between Stratford Avenue and Marshall Avenue, and U.S. 1 between Garden Street and Exit 57, according to Money Geek.
• According to the U.S. Bureau of Labor Statistics, 4,764 died in the U.S. in workplace injuries in one year, with 82 fatal work injuries occurring in New Jersey.
• According to the New Jersey Department of Health, 4,800 deaths occurred due to unintentional injuries in the state in one year.

Types of Wrongful Death Accidents

Wrongful death can occur in many different ways and due to a range of different situations. Regardless of the type of wrongful death claim, the executor of the state of a deceased individual may file a wrongful death suit for monetary damages. Common wrongful death accidents include:

Work-Related Death

Thousands of fatal workplace injuries occur in the United States each year. Faulty machines or equipment, dangerous working conditions, workplace violence, or careless coworkers can cause fatal occupational injuries. While most work-related deaths go through workers’ compensation insurance, deaths caused by a third party, like a negligent tool or equipment manufacturer, may warrant a separate wrongful death lawsuit.

Slip and falls

While not every fall is fatal or even severe, certain populations are more at risk for fatal injuries due to a fall, especially senior citizens. Seniors who slip and fall often break or dislocate bones due to age-related frailties. When a slip and fall accident turns fatal, the estate can hold property owners responsible if they failed to keep their property safe and free of hazards or they forget to warn others of hazards.

Medical Malpractice

When we need medical care, we trust that our doctors, nurses, surgeons, and other healthcare workers to diagnose and treat us. When a healthcare worker causes a patient’s death, it can traumatize the surviving family members. Medical malpractice can lead to death through failure to diagnose or misdiagnosis of an illness or disease, surgical errors including surgeries on the wrong part of the body, failure to provide sufficient aftercare, medication errors, and more.

Because wrongful death lawsuits involving medical malpractice entail meeting complex requirements, you will need a wrongful death lawyer to determine if your case qualifies.

Motor Vehicle Accidents

Motor vehicle accidents involving cars, trucks, and motorcycles are among the most common wrongful death claims. Preventable fatal accidents can include drunk driving or driving under the influence of drugs, distracted driving, speeding, failure to obey traffic signals, and more.

Insurance Company Defenses in a Wrongful Death Lawsuit

One of the most common ways insurance companies will deny a wrongful death claim is to show that the deceased contributed to their own death. Insurance companies will also dispute causation by attempting to disprove a direct link between the defendant’s actions and the death.

A qualified wrongful death lawyer is well-versed in the different tactics used by insurance companies to dispute liability. The wrongful death attorneys of Reinartz Law Firm will gather all necessary evidence surrounding the fatal accident as well as consult witnesses and experts to gather testimony that further proves the defendant’s liability, and we will fight for adequate compensation for the surviving family.

How Can a Wrongful Death Lawyer Help Me

If you lost a loved one due to another person’s negligence or carelessness, don’t accept a low offer from the insurance company. A skilled New Jersey personal injury lawyer with extensive experience handling wrongful death claims can help you hold the at-fault party accountable and financially responsible for the damages your family incurred.

A New Jersey wrongful death lawyer will fight for ample compensation for the medical bills, funeral costs, loss of income, and pain and suffering that you have endured because of your loved one’s death.