If your loved one has died due to another person’s irresponsible or reckless behavior, a New Brunswick wrongful death attorney can help you pursue justice and closure. The death of a loved one is a singularly difficult life experience to navigate. When the death was the result of someone’s wrongful actions, there is even more reason to seek resolution.

Brach Eichler Injury Lawyers can support victims of loss through compassionate legal representation. We can help you file a claim for the wrongful death of your loved one to recover your financial losses. Nothing can remove the grieving and loss after a tragic accident, but a financial settlement can provide stability through life’s difficult transitions. Our attorneys are here to assist you in every step of the wrongful death claims process.

Contact Brach Eichler Injury Lawyers today to discuss your wrongful death case with a New Brunswick personal injury attorney.

New Jersey’s Wrongful Death Laws

New Jersey law defines wrongful death as any death resulting from a wrongful act, neglect, or default.  Typically, when a person sustains harm due to wrongful acts, they can file a personal injury claim to recover their losses. A wrongful death allows compensation for financial losses due to the death of the deceased. You can thus think of a wrongful death claim as a personal injury claim the deceased would have brought if they survived the fatal accident.

Examples of Wrongful Death Cases in New Jersey

A wrongful death is any death where one party bears legal fault. This definition could include several negligent and intentional torts, such as:

• Auto Accidents – After a fatal car accident, the deceased’s survivors may be able to recover financial compensation from the at-fault driver.
• Defective Products – Manufacturers can be strictly liable for injuries and deaths caused by defects in product design, manufacture, transportation, or storage.
• Medical Malpractice – Negligent doctors and medical professionals may cause wrongful death through inaccurate diagnosis, dangerous procedures, or substandard practice.
• Premises Liability – Landowners can be liable for deaths that occur due to hazardous conditions on their properties.
• Criminal Acts – Intentional crimes like assault and murder can be grounds for a wrongful death lawsuit against the offender.

Below are some hypothetical acts that could be grounds for a wrongful death claim:

• A distracted driver runs a stop sign and strikes another motorist, resulting in death
• A truck company fails to run a background check before hiring a driver with a history of DUIs, who then causes a fatal accident
• A landlord neglects electrical inspections in one of their apartments, and a tenant dies from electrocution
• A product manufacturer doesn’t warn about harmful side effects that eventually cause death (e.g., toxic exposure)
• A doctor negligently misses a diagnosis, leading to the development of terminal lung cancer
• A construction crew forgets to secure construction equipment, causing it to fall and kill a pedestrian
• A nightclub doesn’t provide sufficient security at the venue, leading to the death of a patron after a violent altercation

Who Can File a Wrongful Death Claim in New Jersey?

New Jersey law states that the only person eligible to file a wrongful death claim is the deceased’s personal representative. If the deceased has no named representative, the court will appoint one who can then file a claim. In these cases, the court typically tries to appoint someone with a close relationship to the deceased (e.g., spouses, children, parents, etc.).

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim is typically split equally between the deceased’s surviving spouse and any children. In order to recover money, survivors must show that they were financially dependent on the deceased, according to state law.

Compensation in a wrongful death claim can compensate the survivors for losses they have suffered due to the passing of their loved one:

• Loss of financial support from the deceased’s death (e.g., lost work income)
• Medical, funeral, and burial expenses incurred before death
• Loss of household services, like cleaning or childcare
• Loss of companionship, care, or guidance

Emotional Distress Claims in New Jersey

New Jersey law states that survivors in wrongful death claims can only recover compensation for “pecuniary” (i.e., economic) losses. This means that survivors cannot pursue monetary compensation for their emotional suffering and anguish in a wrongful death action.

However, survivors may be able to file a negligent infliction of emotional distress (NIED) claim to recover compensation for noneconomic losses. In order to file an NIED claim, a person must show:

• The at-fault party was negligent when they caused the death
• The person had a close personal relationship with the deceased
• The person witnessed the deceased’s death
• The event caused emotional distress

A wrongful death claim alone may not be sufficient to fully compensate victims for the grief and anguish of losing a loved one. Brach Eichler Injury Lawyers can help survivors pursue an emotional distress claim against liable parties to maximize recoverable compensation.

Wrongful Death vs. Criminal Trials

Wrongful death claims are distinct from criminal homicide cases in two critical ways:

First, homicide cases are criminal matters, whereas wrongful death claims are civil matters. Homicide charges can result in criminal sanctions and penalties, such as prison time. The result of a wrongful death claim is monetary compensation being paid to the deceased’s survivors. All homicides are a crime, but wrongful deaths need not result from a criminal act.

Second, the applicable burden of proof in wrongful death claims and homicide cases is different. In a criminal homicide trial, the prosecution must meet the high evidentiary standard of “beyond a reasonable doubt.” In contrast, wrongful death claims rest on the much lower standard of “a preponderance of evidence.” The bringer of a wrongful death claim must only show it’s more likely than not the offender caused their losses.

The presence of a criminal trial does not necessarily impact one’s ability to recover financial compensation. Since the cases are separate, the outcome of one does not affect the outcome of the other.

Deadline for Filing a Wrongful Death Claim in New Brunswick

The time limit for filing a wrongful death claim in New Jersey is two years from the date of death, according to state law. Note that the counter starts from the date of death, not the accident date. Once two years elapse, you will lose your right to file a claim for financial recovery. The lone exception to this limit is cases in which the at-fault party received a murder or manslaughter conviction. In these cases, a wrongful death claim can be initiated at any time.

Wrongful Death FAQ

New Jersey’s wrongful death laws are quite complex, so clients naturally have many questions. If you have a specific inquiry you’d like to make, contact Brach Eichler Injury Lawyers to speak with one of our knowledgeable partners.

How can a wrongful death attorney in New Brunswick help me when the at-fault party denies negligence?

A wrongful death attorney can use evidence to establish fault and prove that the offender caused the victim harm. Relevant evidence for these types of cases includes photos/videos, eyewitness accounts, physical evidence, expert testimony, medical documentation, and more. During negotiations, an attorney can push back against attempts to deny or shift blame.

How can I claim compensation for the financial support I’ve lost after a family member’s wrongful death in New Brunswick?

A personal injury attorney can help you calculate an exact compensation figure to account for your losses after a wrongful death. In most cases, you will file a claim with the at-fault party’s liability insurance policy. Recipients can accept a monetary settlement in the form of a single lump sum or a series of payments over time.

Who can bring a wrongful death claim in New Brunswick, and how can a lawyer guide me through the process?

The deceased’s personal representative is the only person eligible to file a wrongful death claim on behalf of the deceased’s surviving heirs. An attorney can ensure that they meet all filing deadlines and submit the correct documentation. They can also help by researching multiple avenues for recovering compensation.

Contact Brach Eichler Injury Lawyers Today to Discuss Your New Brunswick Wrongful Death Case

After losing a loved one, the last thing you want to think about is insurance claims and negotiations. You might feel overwhelmed and lost, unsure of what life may have in store. The attorneys at Brach Eichler Injury Lawyers have decades of experience protecting the rights and interests of New Brunswick residents like you. We have recovered millions for clients in wrongful death claims and understand how to best approach New Jersey’s civil restitution system. With our help, you can recover money for the losses you have suffered, granting you a firm foundation to move on and rebuild.

Contact our offices online or call (973) 364-8300 for a free, no-obligation case consultation with a personal injury attorney in New Brunswick. We are available 24/7, so get in touch anytime. We look forward to learning about your situation, helping you understand your rights and options, and fighting to pursue the justice your family deserves.