WRONGFUL DEATH
New Jersey Wrongful Death Lawyers
Losing a loved one is devastating, made worse when the death is the result of a preventable accident caused by someone else’s negligent actions. We understand your family’s need to mourn your loved one in peace, but at the same time, we earnestly hope we can provide the best assistance to your family by launching an investigation into the circumstances that led to your loved one’s death.
If your loved one recently died in a car accident or workplace accident, we understand that financial matters are far from a priority at this moment, however, you are likely to experience significant financial impact of your family member’s death as time passes. While no sum can make up for the loss, surviving families are entitled to seek compensation with a wrongful death claim when a loved one is killed under negligent circumstances.
Our experienced New Jersey wrongful death lawyers at Kitrick, McWeeney & Wells, LLC understand the emotional and financial hardships that follow the loss of a loved one. We help grieving families seek justice and maximum compensation after an accidental death.
How Is Wrongful Death Determined?
Legally speaking, wrongful death refers to deaths caused by someone else’s actions that would have been considered a personal injury had the deceased survived. New Jersey applies the following criteria to establish wrongful death:
- An individual died.
- Death was caused by another individual’s wrongful or neglectful acts.
- Valid legal grounds for a personal injury claim.
- One or more surviving family members suffered losses due to the death.
- The decedent’s estate suffered recoverable damages.
In certain circumstances, wrongful death can be applied to unborn fetuses. New Jersey parents are entitled to file a wrongful death claim for the loss of a viable fetus, provided the fetus has reached a stage where it could have survived outside the womb, typically about 24 weeks or later. At this stage, the fetus is presumed capable of independence and considered a “person” for wrongful death claims. The state does not allow wrongful death claims if the fetus is not viable or has not reached the stage to survive outside the womb.
What Types of Wrongful Death Cases Does Kitrick, McWeeney & Wells, LLC Handle?
We represent individuals and family members who have lost loved ones due to numerous types of accidents, including but not limited to:
- Bus Accidents
- Car Accidents
- Criminal Acts of Violence
- Truck Accidents
- Construction Accidents
- Defective Products
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse or Neglect
- Premises Liability
- Slip and Fall Accidents
- Workplace Accidents
Who Can File a Wrongful Death Claim in New Jersey?
Wrongful death claims can be brought by the deceased’s direct relative or executor of the estate. In cases in which the deceased does not have a will or named executor, one is appointed by the court. Claims can be filed by the following:
- Immediate family, such as a spouse, child, or parent
- Domestic life partners
- Financial dependents
- Distant family, such as a sibling or grandparent
- Unrelated claimants who suffered the loss of financial support they received from the deceased before death
How Do I Prove Liability for Wrongful Death Claims?
Liability must be established for a successful claim. In New Jersey, you must be able to demonstrate the following to bring a wrongful death claim:
- Duty of Care: The responsible party owed a duty of care to act cautiously and responsibly to prevent harm.
- Breach of Duty: The party breached their duty of care through negligent or wrongful conduct.
- Causation: The breach of duty directly caused the death.
- Damages: You suffered tangible economic losses due to the death.
Our New Jersey wrongful death lawyers at Kitrick, McWeeney & Wells, LLC are skilled in gathering crucial evidence supporting your claim through police and accident reports, witness testimony, medical records, expert opinions, and other relevant documentation.
What Types of Compensation Are Awarded in Wrongful Death Cases?
In New Jersey, eligible survivors can seek compensation for the financial and emotional losses they have suffered due to the death, such as:
- Funeral and burial expenses
- Health insurance
- Income
- Inheritance
- Loss of other support and services
- Medical expenses
- Retirement and pension plans
- Value of services the deceased would have contributed
In contrast to other personal injury claims, New Jersey law does not allow compensation for surviving family members’ emotional pain and suffering or for the deceased’s pain and suffering before death. The focus of wrongful death claims is limited to the economic losses and tangible contributions the deceased would have made had they survived.
Additionally, you have a limited amount of time to file. The statute of limitations for a wrongful death claim in New Jersey is two years from the date of the death. There are limited exceptions for deaths involving criminal acts, which may be extended until the criminal case is resolved or the defendant is convicted.
What if My Loved One Was Partially at Fault for the Fatal Accident?
Under New Jersey’s “modified comparative negligence” rule, you can still file a wrongful death claim if the deceased was less than 50 percent responsible for the fatal accident. However, the total compensation awarded will be reduced by the percentage of fault. If their percentage exceeds 50 percent, you are barred from recovering any compensation.
How Can Kitrick, McWeeney & Wells, LLC Help Me?
Wrongful death cases can be challenging and require distinctive evidence of liability. Our New Jersey wrongful death lawyers are extensively knowledgeable and experienced in investigating these complex cases and can assist you in the following ways:
- Determine eligibility for a wrongful death claim.
- Investigate the circumstances surrounding the death.
- Gather evidence proving liability for the death.
- Interview witnesses.
- Calculate economic damages.
- Hire medical and other experts, if necessary.
- Negotiate with insurance companies for a settlement.
- Represent the family in court should the case proceed to trial.
The New Jersey Wrongful Death Lawyers at Kitrick, McWeeney & Wells, LLC Advocate for Families Following a Loved One’s Death
f your loved one passed away in a preventable accident caused by someone else’s careless and reckless actions, the experienced New Jersey wrongful death lawyers at Kitrick, McWeeney & Wells, LLC can help you seek justice and compensation for your tragic loss. Call today at 732-655-3168 or visit us online to schedule a free consultation. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.
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