Gloucester County Wrongful Death Lawyers
Gloucester County Wrongful Death Lawyers
When a family loses a loved one due to someone else’s negligence or misconduct, the emotional trauma can be overwhelming. During this difficult time, pursuing legal action may seem daunting, yet it often becomes necessary to hold responsible parties accountable and obtain financial compensation for the losses suffered. Our Gloucester County wrongful death lawyers at Kitrick, McWeeney & Wells, LLC understand the profound impact these tragedies have on families and provide compassionate legal representation during some of life’s most challenging moments.
What Constitutes a Wrongful Death Case in New Jersey?
Under New Jersey law, a wrongful death occurs when someone dies due to the negligent, reckless, or intentional act of another person or entity. The death must result from circumstances that would have allowed the deceased to file a personal injury lawsuit had they survived.
What Are Examples of Wrongful Death Claims?
Common scenarios include fatal car accidents caused by drunk drivers, medical errors leading to patient death, dangerous workplace conditions resulting in fatalities, or defective products causing fatal injuries. The key element is demonstrating that the death resulted from another party’s wrongful conduct rather than natural causes or unavoidable circumstances.
Who Can File a Wrongful Death Lawsuit in Gloucester County?
New Jersey’s wrongful death statute designates specific individuals who may bring these claims. The personal representative of the deceased’s estate typically files the lawsuit on behalf of eligible beneficiaries. Surviving spouses, children, and parents of unmarried deceased individuals generally qualify as beneficiaries. In cases where no immediate family members exist, other relatives such as siblings or grandparents may be eligible.
What Types of Damages Are Available in Wrongful Death Cases?
New Jersey wrongful death claims allow for various types of financial recovery. For instance, ‘economic’ damages include lost earnings the deceased would have provided to the family, medical expenses incurred before death, and funeral costs. ‘Non-economic’ damages address the emotional and relational losses, including loss of companionship, guidance, and consortium. Our Gloucester County wrongful death lawyers can determine the full amount of potential damages for your claim.
How Long Do I Have to File a Wrongful Death Claim in New Jersey?
New Jersey imposes a two-year statute of limitations for most wrongful death claims, beginning from the date of death. However, certain circumstances can affect this timeline. In cases involving medical malpractice, the discovery rule may apply, potentially extending the filing deadline; claims against government entities often have shorter notice requirements and filing deadlines. Missing the statute of limitations deadline typically results in losing the right to pursue compensation, so we suggest contacting our Gloucester County wrongful death lawyers as soon as possible.
What Evidence Is Needed to Prove a Wrongful Death Case?
Successful wrongful death claims require substantial evidence demonstrating liability and damages. Medical expert testimony often becomes necessary to explain complex medical issues or establish causation. Other documentation includes police reports, medical records, autopsy results, witness statements, and accident scene photographs. Financial records showing the deceased’s income and earning potential support economic damage calculations.
How Are Wrongful Death Settlements Distributed Among Family Members?
New Jersey law governs the distribution of wrongful death awards among eligible beneficiaries. The court considers the relationship between the deceased and each beneficiary, financial dependency, and the nature of the loss suffered. Surviving spouses typically receive compensation for loss of support, services, and companionship; minor children may receive funds for lost parental guidance and financial support through adulthood.
Can I File Both a Wrongful Death Claim and a Survival Action?
New Jersey distinguishes between wrongful death claims and survival actions, allowing both to be filed in appropriate circumstances. A “wrongful death claim” compensates family members for their losses, while a “survival action” represents what the deceased could have recovered had they lived. Survival actions may include pain and suffering experienced before death, medical expenses, and lost wages from the time of injury until death.
What Role Do Insurance Companies Play in Wrongful Death Cases?
Insurance companies frequently become involved in wrongful death claims, either representing defendants or providing coverage for settlements. Auto insurance policies, medical malpractice insurance, homeowner’s policies, and commercial liability coverage may all come into play, depending on the circumstances. Insurance companies typically investigate claims thoroughly and may dispute liability or damage amounts. They often attempt to settle cases for less than full value, but our Gloucester County wrongful death lawyers help level that playing field.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Our Gloucester County wrongful death lawyers work on a “contingency fee” basis, meaning clients pay lawyer fees only if the case results in a successful recovery. This arrangement allows families to pursue justice without upfront legal costs during an already financially stressful time.
Why Should I Work With a Lawyer?
We possess valuable knowledge of area courts, judges, and legal procedures that can benefit your case. Our Gloucester County wrongful death lawyers understand regional jury trends and have established relationships within the local legal community. They are familiar with local medical facilities, law enforcement agencies, and potential expert witnesses; the geographic proximity allows for more personal attention and easier communication throughout the case process.
What Happens if the Wrongful Death Was Caused by a Criminal Act?
When wrongful death results from criminal conduct like assault or drunk driving, families may pursue both “criminal” justice and “civil” compensation simultaneously. Criminal cases require proof beyond a reasonable doubt, while civil cases use the lower preponderance of evidence standard. A criminal conviction strengthens civil claims, but an acquittal does not prevent civil recovery. Civil proceedings can proceed independently and may yield monetary compensation regardless of criminal case outcomes.
Take Action Today: Contact the Gloucester County Wrongful Death Lawyers at Kitrick, McWeeney & Wells, LLC
While no amount of money can replace your loss, pursuing a wrongful death claim can provide financial stability and hold responsible parties accountable. For an initial consultation, contact our Gloucester County wrongful death lawyers at Kitrick, McWeeney & Wells, LLC. Call today at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients across New Jersey.
Manasquan, NJ
Hours of Operation
Tuesday: 8AM – 5:30PM
Wednesday: 8AM – 5:30PM
Thursday: 8AM – 5:30PM
Friday: 8AM – 5:30PM
Saturday: 8:30AM – 12:30PM
Sunday: CLOSED
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