Denville, NJ Wrongful Death Attorney
Losing a loved one is difficult, but losing someone to another person’s wrongful act can be unimaginably painful. While nothing can replace the person taken, you can recover compensation from the person responsible for your pain.
Wrongful deaths can occur from random acts of negligence, such as car accidents or accidents at work. Regardless of the cause, family members deserve to be compensated. In New Jersey, the deceased’s personal representative will be responsible for filing a lawsuit for wrongful death. However, it is the deceased’s family that will receive the benefits awarded by the court.
Contact The Carrion Law Firm at (718) 841-0083 to receive a free review of your case with our wrongful death attorneys.
Common Causes of Wrongful Deaths in Denville, NJ
One of the most common causes of wrongful death in Denville is another person’s negligence. Wrongful deaths can result from negligence in several situations, such as car accidents, defective product accidents, and premises liability cases. Wrongful deaths are also more likely to occur in serious workplace accidents. It is important to note that Workers’ Compensation rules might come into play if the accident occurred while the victim was on the job.
Deaths can also result from intentional crimes like murder or manslaughter. While these acts will almost always be charged as a crime, victims can sue the perpetrator in civil court. However, a civil wrongful death lawsuit must typically wait for the criminal prosecution to conclude before filing. If you’ve lost a loved one because of someone else’s negligence or criminal actions, our wrongful death lawyers can help you get justice for your incredible loss.
Types of Wrongful Death Claims that Can Be Filed in Denville, NJ
The personal representative of the victim’s estate is the only party permitted to file a claim for wrongful death in Denville, as per N.J.S.A. § 2A:31-2. A personal representative is someone who the victim has nominated, usually in their will, to manage the assets of their estate after their passing and manage the distribution of inheritances, if any. If the victim has not selected a personal representative, the court will choose one to manage the case for the deceased’s loved ones. The personal representative will be responsible for recovering damages for the victim’s family and has a few options to recover compensation, including filing a wrongful death claim and a survival claim.
Wrongful Death Claims
An action for wrongful death is initiated by the personal representative of the deceased’s estate to obtain compensation directly for the deceased’s family members. The damages that can be sought include loss of economic support from your spouse, loss of household services, lost wages and retirement, and other expenses the family will lose out on now that their loved one is gone. If the court does award damages in a lawsuit, the compensation will be paid directly to the heirs of the deceased. The total award will be distributed among the family members based on their relationship with the deceased.
Survival Claims
When a victim suffers death wrongfully, the deceased’s personal representative can seek compensation through a survival action claim to recover compensation for the damages they might have incurred before their passing. Not every wrongful death is instantaneous. Some victims spend time in the hospital, receiving lifesaving treatment, before finally passing. The resulting damages can be quite high and can be claimed in a personal representative’s survival claim.
This type of claim is intended to recover damages for the harm the victim suffered before their death. Essentially, a survival action claim is similar to a typical negligence case in that it seeks damages for medical expenses, lost wages, and pain and suffering the victim suffered while living. Additionally, family members can also seek compensation for expenses incurred by the deceased before their passing, such as funeral expenses and other costs associated with their loved one’s passing. It is worth noting that both types of claims can be filed together in a one lawsuit.
Family Members that Can Recover Compensation in a Denville, NJ Wrongful Death Lawsuit
In the event that a wrongful death lawsuit in Denville is successful, compensation will be awarded to certain family members determined by New Jersey law. Eligible recipients of damages include the deceased’s spouse, children, and parents, followed by siblings, nieces, and nephews. If the deceased had no immediate family members like those listed, compensation will go to the next eligible heir. However, adult children, parents, and other family members must have been financially dependent on the deceased at the time of their death to have a valid claim.
Domestic partners also likely qualify as a spouse in a Denville wrongful death case. If you were in a close relationship with the deceased and suffered economic losses, you can usually still recover compensation as a domestic partner rather than a legal spouse.
The court will apportion the total award among the eligible family members, depending on the circumstances of the case. If you are a family member of a recently deceased loved one, you deserve to recover compensation for your loss.
Statute of Limitations to Sue After a Wrongful Death in Denville, NJ
The statute of limitations is simply legal jargon referring to the time period during which the personal representative can file a wrongful death lawsuit. Under N.J.S.A. § 2A:31-3, the personal representative will have two years after a loved one is lost to file their claims. Keep in mind that your case will likely be dismissed if filed after the deadline, and you will not be able to refile.
Thus, you should not delay in getting your wrongful death claim started. Wrongful death cases are often complex and can require a great deal of time to be fully developed, given the number of family members that could be involved. Further, witnesses can forget important details or relocate before they can testify, and records can get lost or intentionally destroyed.
Our Denville, NJ Wrongful Death Attorneys Are Here to Support Your Case
For a free case consultation with our wrongful death lawyers, Call The Carrion Law Firm at (718) 841-0083 today.