To the average person, calling something a wrongful death might seem redundant—it’s wrong for any person to die from an unexpected injury or illness rather than at the end of a long and happy life. In legal terms, establishing that someone close to you suffered a wrongful death can minimize the financial impact the death has on your family, as well as alleviate some of the personal losses stemming from this tragedy.
Guidance from a skilled Mt. Laurel wrongful death lawyer can make a huge difference in your ability to understand and make effective use of your right to seek recovery after losing a family member before their time. Our personal injury attorneys have years of experience with getting good results from cases of this nature, and we can work tirelessly on your behalf to make sure your claim has the best possible outcome. You won’t owe us anything until we win the compensation your family deserves.
What Qualifies as a Wrongful Death?
When it comes to understanding how New Jersey law governs wrongful death lawsuits, it can be helpful to think of these cases as typical personal injury claims that are filed by someone other than the person who actually got hurt. In both types of cases, holding the defendant liable to pay for damages requires proving they directly caused those damages through their own negligence—in other words, by doing something reckless, careless, or illegal that violated a duty of care they had to act responsibly under specific circumstances.
However, because the person directly impacted by the negligence passed away, the cause of action they would’ve had to file suit over their injuries survives their death and passes on to their immediate family members. Those family members can then seek compensation through a wrongful death lawsuit—ideally with help from a skilled Mt. Laurel attorney—for losses they will suffer as a direct result of their loved one’s death.
Basic Rules for Wrongful Death Lawsuits
Under New Jersey law, a deceased person’s surviving spouse, children, grandchildren, parents, siblings, and nieces or nephews can recover compensation through a successful wrongful death lawsuit if they were a dependent of the deceased person before their death. The only person who can actually file and pursue the lawsuit is the personal representative for the deceased person’s estate, which is usually someone nominated in the deceased person’s will to manage their affairs after they pass away.
This personal representative can demand money to cover both economic and non-economic losses suffered by eligible family members, including funeral and burial expenses, lost financial support, and love and companionship. They generally must formally start their claim no more than two years after the deceased person’s date of death, or the statute of limitations will likely prevent them from ever being able to sue over that death.
Speak With a Mt. Laurel Wrongful Death Attorney Today
Losing someone you love before their natural time is always a tragedy, and if you’ve recently gone through this experience, you know that money alone can’t possibly make up for the immense loss your family has suffered. However, getting paid fairly through a civil lawsuit or settlement demand can still be key to protecting your financial and personal best interests, while also serving some justice on the person responsible for your family member’s death.
You have help available from start to finish of your legal proceedings from an experienced Mt. Laurel wrongful death lawyer who’s well-known for winning cases very much like yours. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your legal options.
