Wrongful Death Lawyers in Roseland

A Roseland wrongful death lawyer can help you and your family seek compensation for the loss of your loved one if someone else’s actions caused their death. Through a wrongful death lawsuit, you may be able to hold the at-fault party liable for the financial and emotional impact your loved one’s death has had on your family.

Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with a New Jersey fatal accident attorney. During your initial consultation, we’ll review the details of your case, explain your options for seeking compensation, and walk you through the timeline of a wrongful death lawsuit so you know what to expect.

What Is Wrongful Death?

NJ Revised Statutes Section 2A:31-1 defines wrongful death as a death caused by the wrongful act, neglect, or default of another person. This means wrongful deaths can occur in three main ways:

• First, they can occur due to intentional criminal acts, such as physical assaults, domestic violence, or murder.
• Second, they can occur due to accidents caused by another person’s negligent actions, such as a car accident caused by a distracted driver or a slip and fall caused by a wet floor in a store.
• Third, they can occur due to a party’s failure to act, such as if nursing home staff fail to provide patients with the care they need during a medical emergency.

Identifying the cause of your loved one’s wrongful death is the first step in holding the at-fault party liable for your losses.

How Does a Wrongful Death Claim Differ From a Survival Action?

Wrongful death lawsuits aren’t the only legal actions that can arise after a death. Survival actions are another type of case that is often confused with wrongful death lawsuits, but play an essential and distinct role in securing compensation for surviving family members.

Survival actions are simply lawsuits your loved one would have been able to bring if they had not died. These legal actions “survive” the deceased and can be brought by their estate. For example, a survival action could be a personal injury lawsuit connected to the event that caused your loved one’s death. Or it could be an unrelated lawsuit for which the deadline for filing hadn’t expired by the time of their death.

Through a wrongful death lawsuit, family members can recover compensation for the losses they experienced due to their loved one’s death. A survival action differs in that the compensation sought is for the losses the deceased experienced before their death. This compensation then goes to the deceased’s estate, which distributes it to their heirs.

It’s important to note that wrongful death lawsuits and survival actions are not mutually exclusive. Since they seek different types of compensation, many wrongful death cases involve both types of legal actions.

Who Can Recover Compensation Through a Wrongful Death Lawsuit?

Surviving family members of the deceased can recover compensation through a wrongful death lawsuit under NJ Revised Statutes Section 2A:31-4. According to this section, the family members who can receive compensation are the same ones who would be able to inherit the deceased’s estate under New Jersey’s intestate succession laws.

Family members who can recover include the deceased’s spouse, children, grandchildren, parents, siblings, and other dependents. However, family members must be able to show they suffered a loss due to the death. It’s often assumed that spouses, children, and parents suffered losses due to their loved one’s death, but grandchildren, siblings, and other dependents may have to provide additional evidence.

The amount of compensation each family member can receive also depends on the degree of their presumed loss. This typically means the spouse receives the highest portion of money, and family members with equal relation to the deceased receive equal portions. However, the courts will attempt to distribute the compensation in a fair and equitable manner.

New Jersey’s Wrongful Death Statute of Limitations

NJ Revised Statutes Section 2A:31-3 provides a two-year period for filing a wrongful death lawsuit. This is the same time limit that personal injury lawsuits have but differs in one key way. The deadline for filing a personal injury lawsuit begins on the date of injury, while the deadline for filing a wrongful death lawsuit begins on the date of death.

Since these dates may not be the same, the deadline for filing a wrongful death lawsuit and survival action arising from the same event can differ. The time limit for filing your wrongful death claim may also begin later if your loved one’s cause of death wasn’t immediately known. The best way to determine the exact time limit for filing your lawsuit is to work with an experienced accidental death attorney.

If you fail to file your wrongful death claim within this two-year period, the courts will dismiss any lawsuit you file after the period lapses.

How Can a Roseland Wrongful Death Lawyer Help?

A Roseland wrongful death lawyer can help by handling every step of your case for you so you can focus on grieving your loved one and supporting your family. Your lawyer will begin by investigating the incident to identify the at-fault parties and collect the evidence needed to hold them liable for your loss.

They will then calculate your losses and submit a demand letter to the at-fault party and their insurance company. Then, they can file a lawsuit in the Essex County court. They’ll also negotiate with the at-fault party’s insurance company on your behalf, seeking a settlement that covers your losses.

If the insurance company refuses to offer a fair settlement, your lawyer can take your case to court and present the evidence they collected at trial.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about Roseland wrongful death lawsuits.

How do I prove wrongful death?

Proving a wrongful death occurred in Roseland, NJ, involves gathering robust evidence connecting the at-fault party’s actions to your loved one’s death and demonstrating that you suffered losses as a result. Evidence that may play a pivotal role in your case includes:

• Accident scene photographs showing property hazards, damaged vehicles, and other details relevant to the case
• Traffic or security camera footage showing the incident that caused your loved one’s death or the events surrounding the incident
• Eyewitness statements that corroborate other types of evidence or identify the at-fault party
• Expert testimony, such as that of a medical professional, crash reconstruction specialist, or financial expert
• Your loved one’s medical records detailing the extent and severity of their injuries and the cause of their death

Part of your attorney’s job is to identify and gather this evidence. Attorneys have extensive experience gathering evidence. That means they can often obtain more evidence than you would be able to on your own.

What types of damages can I claim in a wrongful death case in Roseland?

You can claim economic damages through a Roseland wrongful death case. Economic damages refer to compensation for the tangible losses you experience because of your loved one’s death.

Examples of economic losses in wrongful death cases include:

• Your loved one’s income and work benefits, including health insurance
• The monetary value of the household services they would have provided
• Lost inheritance for their heirs

A wrongful death lawyer can calculate the extent of your economic losses. They’ll do so by using your loved one’s income statements and bills you had to pay for services they would have provided.

Non-economic damages are compensation for intangible losses. Those include the emotional distress you and your family members experience because of the loss of your loved one. These losses are not compensable in a wrongful death lawsuit in New Jersey.

Who can bring a wrongful death claim in Roseland?

Under NJ Revised Statutes Section 2A:31-2, the only person who can bring a wrongful death claim in Roseland is the administrator or executor of the deceased’s estate. If your loved one had a will that designated an administrator, that person can file the wrongful death lawsuit. If no will exists, the courts will appoint an administrator. That person can take the deceased’s estate through probate.

As the administrator is the only one who can bring a wrongful death lawsuit, similarly, they are also the only party who can file a survival action. However, they do so on behalf of the deceased’s estate. This differs from wrongful death claims, which are brought on behalf of surviving family members who suffered compensable losses due to the death.

Contact Our Wrongful Death Lawyers Serving Roseland

Did someone else’s actions contribute to your loved one’s death in Roseland, NJ? Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced wrongful death lawyer about your case. Our firm has recovered more than $535 million for our clients and their families. We are prepared to put our experience to work for you.