Wrongful Death Lawyers
Atlantic County Wrongful Death Lawyers
Losing a loved one due to another person’s negligent actions is a devastating experience. The pain is compounded when you realize that their death could have been prevented. While no amount of financial compensation can bring your loved one back, a successful wrongful death lawsuit can hold the responsible parties accountable and provide financial relief during this difficult time. Our Atlantic County wrongful death lawyers can help your family get the justice your deserve.
The Atlantic County wrongful death lawyers at Kitrick, McWeeney & Wells, LLC are here to guide you through every step of the wrongful death claims process. We are committed to addressing your questions and concerns and recovering the maximum compensation for your loss.
What Is a Wrongful Death Claim?
A wrongful death claim arises when an individual’s negligent, reckless, or intentional actions lead to another person’s death. Wrongful death claims can stem from various circumstances, including but not limited to:
- Car Accidents: If a fatal accident was caused by a negligent driver, such as through drunk driving, distracted driving, or reckless behavior, the surviving family members may have grounds for a wrongful death claim.
- Truck Accidents: Commercial trucks are much larger and heavier than passenger vehicles, and when truck drivers are negligent (e.g., impaired or distracted driving), the consequences can be fatal for others on the road.
- Slip and Fall Accidents: Property owners are required to maintain safe premises. Hazards such as loose floorboards, slippery surfaces, or poor lighting can cause deadly falls, which may justify a wrongful death claim.
- Construction Accidents: Construction sites are inherently dangerous, and when employers fail to ensure proper safety measures are in place, workers are at risk of fatal accidents.
- Medical Malpractice: If a healthcare professional fails to meet the standard of care, resulting in death (e.g., surgical errors, anesthesia mistakes, or delayed diagnoses), surviving family members may file a wrongful death claim.
Elements of a Wrongful Death Claim
To successfully pursue a wrongful death lawsuit, the plaintiff must establish the following elements:
- Duty of Care: The defendant had a legal obligation to act with reasonable care toward the decedent.
- Breach of Duty: The defendant’s actions or negligence violated that duty.
- Causation: The defendant’s breach directly caused the death.
- Damages: The surviving family members experienced measurable damages as a result of the death.
Who Can File a Wrongful Death Lawsuit in New Jersey?
In New Jersey, only the executor or administrator of the decedent’s estate can file a wrongful death lawsuit. If the deceased did not have a will, the court will appoint a representative. The lawsuit is filed on behalf of the surviving family members who were financially dependent on the deceased.
Eligible beneficiaries may include:
- Surviving spouses, children, adopted children, and parents
- Siblings (if there are no immediate dependents)
- Grandparents
- Domestic life partners
- Other dependents who relied financially on the deceased
What Is the Difference Between a Wrongful Death Claim and a Survival Claim?
A wrongful death claim compensates the surviving family members for their loss, including funeral expenses, lost income, and emotional distress.
In contrast, a survival claim allows the estate to recover damages for the deceased’s medical bills, lost wages, and pain and suffering that occurred between the injury and the death. A survival claim is pursued by the estate representative, and beneficiaries recover compensation according to the decedent’s will or through probate court if there was no will.
What Damages May You Be Entitled to in a Wrongful Death Lawsuit?
In New Jersey, a successful wrongful death claim compensates surviving family members for both economic and non-economic losses. These damages may include:
- Funeral and burial expenses
- Outstanding medical bills incurred prior to death
- Loss of financial support
- Loss of household services
- Loss of inheritance
- Pain and suffering
- Loss of companionship
- Emotional distress (may require a separate claim)
How Is the Value of a Wrongful Death Claim Determined?
To determine the value of a wrongful death claim, courts assess several factors:
- The age, health, and life expectancy of the decedent.
- The decedent’s earning capacity and intelligence.
- The financial dependency of the surviving family members.
- The decedent’s income at the time of death and potential future earnings.
For example, wrongful death claims involving elderly individuals often result in lower compensation due to limited future earning potential. In contrast, claims involving young children may result in higher awards, considering the potential loss of the child’s future contributions to the family.
What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit?
In New Jersey, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the decedent’s death. If the cause of death was not immediately apparent, the time limit may begin when the cause of death was discovered or should have been discovered.
It is critical to consult an experienced wrongful death lawyer early to ensure that your claim is filed within the statute of limitations.
Atlantic County Wrongful Death Lawyers at Kitrick, McWeeney & Wells, LLC
If you’ve lost a loved one due to negligence, you deserve compassionate and skilled legal representation. At Kitrick, McWeeney & Wells, LLC, we are dedicated to helping families navigate the complexities of wrongful death claims. Contact our Atlantic County wrongful death lawyers to schedule a free consultation. Call 732-655-3168 or reach out online. Our offices are conveniently located in Manasquan and Brick, New Jersey, and we proudly serve clients throughout the state.
Manasquan, NJ
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Wednesday: 8AM – 5:30PM
Thursday: 8AM – 5:30PM
Friday: 8AM – 5:30PM
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