New Jersey Wrongful Death Lawyer

An accident can leave you and your family without income, support, and in the worst cases, a loved one. When tragedy strikes and a family member dies due to someone’s negligence, an experienced and compassionate South Jersey injury attorney can help guide you through the legal process..

During a time when you and your family are grieving and coping, let a New Jersey wrongful death lawyer deal with the guilty party, insurance companies, and authorities.  You do not need the additional stress in an already difficult time of loss. Instead, call the wrongful death lawyers at Grungo Law for the experienced representation necessary to get prompt results and achieve a sense of justice for your loved one.

Why Choose Us for Your Wrongful Death Attorneys in New Jersey?

The skilled attorneys at Grungo Law are long-time legal advocates for injury victims and their families in New Jersey. We offer substantial advantages to your critical wrongful death claim, including the following:

• A firm with a deep commitment to obtaining the maximum compensation for every client who has suffered injury or the loss of a loved one due to someone else’s fault
• A results-oriented strategy tailored to each unique case
• A policy of open communication so our clients remain informed and involved through every step of the process
• A lead attorney with a certification as a Civil Trial Attorney by the New Jersey Supreme Court—an acknowledgment as a highly qualified professional held by less than 3% of personal injury attorneys in New Jersey
• Notable recent results, including a $52.85 million settlement in a trucking accident wrongful death case

We never charge upfront fees to injury victims or the families of deceased victims. Instead, we offer a free evaluation of each case and only charge a fee at the resolution—after we recover compensation through a settlement or court award for our client’s damages.

New Jersey Wrongful Death Statutes

Wrongful death suits in New Jersey are governed by N.J.S.A. 2A:31-1 et seq. The law defines wrongful death as the death of any person caused by any wrongful act, neglect, or default. There is a two-year statute of limitations for any action to commence where the careless, reckless, or intentional actions of another person caused the death.

Determining fault in a wrongful death is not always simple and even obvious intentional actions may be argued in court. Trust a New Jersey wrongful death attorney to fight for the rights of survivorship and bring closure to the loss that has already been endured.

What Constitutes a Wrongful Death

Whenever there is a human death that occurs under circumstances that invoke interest in the administration of justice and other considerations, a medicolegal death investigation is conducted by a certified medical examiner.

Generally, the Office of the State Medical Examiner conducts or supervises a medicolegal investigation into unusual human deaths. These often include:

• Violent deaths
• Deaths by suspicious or unusual circumstances
• Deaths of infants and children under three years of age
• Inmate deaths
• Any death from causes which may endanger public health

The most common wrongful death cases; however, result from one party’s negligence. Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, falls, and defective product injuries are common causes of wrongful death. If the decedent could have filed a personal injury lawsuit had they survived the injury, their representative may file a wrongful death claim to recover damages for close surviving family members who suffer economic losses as well as grief and anguish due to the death.

Under N.J.S.2A:15-3, the law states the following:

In those actions based upon the wrongful act, neglect, or default of another, where death resulted from injuries for which the deceased would have had a cause of action if he had lived, the executor [or], administrator, or administrator ad prosequendum may recover all reasonable funeral and burial expenses in addition to damages accrued during the lifetime of the deceased.”

An attorney in New Jersey understands the state’s investigation process following a wrongful death.

Causes of a Wrongful Death

Wrongful deaths in New Jersey may be attributable to any number of causes. A wrongful death may occur, among many other causes, as a result of:

• Auto accidents and other traffic-related fatalities
• Slip And falls
• Defective Products
• Poisonings
• Assaults
• Firearms
• Unintentional injuries
• Workplace accidents
• Medical malpractice

Figuring out who is responsible and the cause of wrongful death is a task for a seasoned wrongful death lawyer in New Jersey. A legal representative may investigate and be in contact with the medical examiner’s office to determine what happened, when, and by whom. If the death was the result of a car accident, please call our accident attorneys in South Jersey today.

Who Can File a Wrongful Death Claim in New Jersey?

Like most states, New Jersey limits those who can file wrongful death claims. This prevents distant family members or those who suffer no economic consequences from the death from exploiting the loss for personal gain. Some states limit the ability to file wrongful death claims to immediate family members, like a spouse, parent, or adult child. In New Jersey, only a representative of the deceased person may file a claim. This is typically the executor or personal representative named in the decedent’s will or estate plan. If the decedent did not name a representative or leave a will, the court appoints an administrator to represent the family in the legal process. This is typically a family member who applies for the position. The application indicates their relationship to the decedent and a list of the deceased individual’s next-of-kin. The representative or court-appointed administrator becomes a fiduciary for those family members who suffer economic losses—their “damages” in a wrongful death claim—from the loved one’s death.

What Damages are Recoverable In a New Jersey Wrongful Death Claim?

When a family member dies unexpectedly, it has ripple effects that affect the entire family financially as well as emotionally, especially if the deceased loved one was a family provider. The death may also have significant financial consequences if the decedent provided services for the family like a parent who cared for young children at home, or who maintained the home, yard, and vehicles. This type of loss may make it necessary for the family to hire help, compounding their financial damages.

Common damages obtained by close family members through their family’s representative in a New Jersey wrongful death claim include the following:

• Reimbursement of medical expenses if the loved one received medical care before their death
• Funeral and burial expenses
• Lost income for the remaining earning years the decedent would have had if they hadn’t succumbed to their injuries
• Lost benefits such as health insurance and retirement contributions
• The value of the loss of services provided by the family member
• Loss of companionship, loss of parental support and guidance, or the loss of a child
• Loss of consortium (a close physical and emotional bond with a loved one)

New Jersey doesn’t allow family members to recover compensation for emotional damages like grief or anguish, except in cases when a family member witnessed the death. It also rarely allows the family to recover punitive damages—monetary amounts awarded to family members in some states as a punishment to a wrongdoer whose egregious actions caused the death.

Although financial compensation doesn’t bring back a lost family member, it helps to relieve the resulting financial hardship so the family can focus on moving forward through the grieving process with fewer financial concerns. A successful claim also provides a sense of financial accountability and justice when another person’s negligent, reckless, or wrongful behavior caused the death.

What to Do After a Loved One’s Wrongful Death

It’s difficult to take purposeful action after the unexpected death of a loved one, especially when the family knows that the death was preventable if only another individual, business, or other entity had taken reasonable care. Grief and shock may feel overwhelming, but taking the right steps after the death can help the family recover their damages later. After a wrongful death in the family, it’s helpful to do the following:

• Gather or document any evidence from the scene by using a cell phone to take photos of anything relevant to the death, such as the damaged vehicles after a car accident, a broken balcony rail after a fall, or the scene of a violent crime
• Keep your loved one’s clothing and physical effects in a plastic bag, unless the death involved a crime and the police have possession of these items
• Take the contact information of anyone involved and any eyewitnesses
• If there is surveillance camera footage of the incident, ask the camera owner to save the video
• Obtain copies of the police, medical, and autopsy reports
• Call an experienced, compassionate wrongful death lawyer to represent your family’s best interests and provide legal counsel and guidance throughout the legal process

Insurance companies of at-fault parties in New Jersey wrongful death cases sometimes reach out quickly with settlement offers. Instead of accepting an early offer—which is almost certainly for far less than what’s available to your family—hire an attorney and direct all communication with the insurance company to your lawyer.

Contact a New Jersey Wrongful Death Attorney

A wrongful death is like a missing piece in a puzzle. One day you have a family member, companion, or other loved one in your life and the next day they are gone – forever. You may not know what to do about finances, support, or property.

A South Jersey wrongful death lawyer knows you are suffering and may know where to find help and answers to your questions to help you and your family. No one wants to think about losing a loved one due to someone else’s negligence, but with the help of a skilled legal representative, you can take steps toward holding those responsible accountable for all that has been lost. Call today to learn more about your legal options.