Wrongful Death FAQ

In New Jersey, punitive damages are not recoverable in wrongful death actions. New Jersey law does not allow for the recovery of punitive damages in wrongful death cases. However, survivors of the deceased person may be able to recover compensatory damages for their losses, including medical expenses, funeral and burial costs, loss of the deceased person's income, loss of companionship and emotional distress. The amount of compensatory damages will depend on the specific circumstances of the case, including the extent of the survivors' losses.

If an unborn fetus dies, it may be possible for the parents to file a wrongful death lawsuit, depending on the circumstances and the laws in the jurisdiction where the death occurred. In some states, a fetus must be born alive in order for there to be a viable wrongful death claim. In other states, the death of an unborn fetus at any stage of development may be considered a wrongful death if it was caused by the negligence or intentional misconduct of another person.

In a wrongful death suit, a representative of the deceased person's estate, usually appointed by the court, can file the lawsuit on behalf of the surviving family members. This can include the spouse, children, parents, or other close relatives of the deceased person who have suffered financial or emotional damages as a result of the death. The purpose of a wrongful death suit is to hold the responsible party accountable for the death and to seek compensation for the damages incurred by the surviving family members.

Most wrongful death claims are settled as long as the case is supported by adequate evidence. That means grieving families don't typically have to go before a judge or jury to achieve justice on behalf of the deceased.

New Jersey defines a "wrongful death" as a death "caused by a wrongful act, neglect or default.". In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including negligence-based incidents (such as car accidents).

Most wrongful death claims are settled as long as the case is supported by adequate evidence. That means grieving families don't typically have to go before a judge or jury to achieve justice on behalf of the deceased.

A personal injury claim arises when a person is injured in some way due to someone else’s negligent behavior. Generally, a wrongful death lawsuit would have been a personal injury case, if the deceased person had survived.

Immediately after a wrongful death, the insurance company for the at-fault party may contact your family about a settlement. Unfortunately, these immediate settlement offers favor the insurance company, not your family. They are intended to get you to sign off on your legal rights for a minimal amount of money, and they do not take into account the full extent of the losses your family has suffered. Do not give a statement, sign any paperwork, or cash a check from an insurance company without talking to an attorney about your rights.

When the at-fault party’s insurance company pays, they send a check to the wrongful death attorney(s) involved. The attorney will then deduct their fees before paying the remainder to the plaintiffs.

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (they are called the "real parties in interest"). The representative is usually the executor of the decedent's estate. The "real parties in interest" vary from state to state.

Damages for loss of emotional pleasure and punitive damages are not recoverable or compensable under the Wrongful Death Act but can be compensable in other types of tort actions such as the infliction of emotional distress. New Jersey law allows you to receive punitive damages of up to five times your compensatory damages or $350,000, whichever is greater.

Wrongful death cases in New Jersey have a 2-year statute of limitations. That means that you must file your particular claim within the 2-year window or risk losing the opportunity to bring the matter to court.

There is no specific length of time a wrongful death case will last. Some settlements are able to be reached faster than others, taking less than a year to a year or even longer. Be prepared for any of these when bringing a wrongful death case, but know that we will fight for your case no matter how long it takes to reach a conclusion.  

In criminal cases, the state brings charges against the defendant, with the punishment typically being prison time if found guilty.  In a civil case, disputes are brought up between two entities or two people, with one of them being accused of negligence or other conduct that caused death. 

If someone dies without a will, the heirs of the decedent will receive an "intestate share" of your property.  The size of the share will depend upon how many and what type of heirs the decedent left.  

Wrongful death occurs when someone is killed by the negligence of another person. The claim is brought in a civil action, usually by relatives or those who were close to the person who passed.  A wrongful death case is when the family of the deceased person tries to gain financial recovery and justice.  

A survival action is made to compensate for the damages that the deceased would have been able to claim in a personal injury lawsuit if they had not died. The damages are then given to the estate, and the people named on the decedent’s will are the only people who will receive the compensation.

In order to prove that a loved one was a victim of negligence and wrongful death, you will have to show that the defendant owed your loved one a duty of care, breached that duty, and resulted in your relative dying. Handling a wrongful death case can be emotionally draining, which is why it’s important to hire an experienced, knowledgeable wrongful death attorney that can help you and your family get the justice they deserve. 

Wrongful death, as defined by the State of New Jersey, is a death that occurred due to wrongful actions, negligence, or fault of another. The right to pursue financial damages as a result of the death of a loved one is protected by the Wrong Death Statute. While a wrongful death claim is in many ways similar to other personal injury claims, one big difference is that the survivors cannot seek compensation for emotional pain and suffering.

Typically, the immediate family of the deceased person is usually the one to file a wrongful death claim against the party that caused the accident. If a family member has died from negligence or wrongful action, you may be able to file a wrongful death claim against the person who caused the death.

To be successful in a wrongful death case, your attorney is going to have to prove that the actions of another person caused your loved one’s death. The proof required for a case like this includes: Proof of negligence A breach in the duty owed to the decedent by another occurred That this breach of duty was the cause of the decedent’s demise That the surviving dependents of the decedent suffered damages as a result of the untimely death.

Usually, those who receive a portion of the damages are the decedent's surviving spouse, children, grandchildren, parents, and siblings. This could also be anyone who can prove he or she was actually financially dependent on the deceased person. Typically, the surviving spouse or children come first. If there are surviving parents and no children or spouse, then the parents will share the money equally.

With the “statute of limitations” in New Jersey, you would have two years from the date of the deceased person’s death to file a wrongful death claim. If it is not filed within that time period, it most likely will be barred from court entirely. If you are getting close to the two-year deadline, it would be best to speak with our experienced attorneys at The Law Offices of Gold, Albanese, Barletti LLC to ensure you are in compliance with the time limit.

Generally, wrongful death claims are brought before the court by a personal representative of the decedent’s estate on behalf of the survivors. Only actual financial losses are dealt with in a wrongful death case. The damages sought can include the following: Medical and Funeral Expenses – This includes any reasonable medical, funerary, or burial expenses involved with the decedent’s injury and death. Loss of Financial Support – This covers the amount of income that the decedent would have provided to the survivors had they been able to continue offering financial support. Loss of Services – The value of various services.

It is crucial to hire an attorney who has handled cases that are similar and are able to get justice for you and your loved ones. The Law Offices of Gold, Albanese, Barletti LLC are a team of compassionate, caring, and tough attorneys who understand your need for justice. Contact us today for a free consultation, there are no upfront legal fees and we don’t get paid unless you win your case.

Our wrongful death lawsuits are handled on a contingency fee basis. This means that our fee is contingent upon winning the case, and we do not get paid unless you win. The exact amount usually depends on the type of case and many other factors. We will be happy to discuss this during our initial free consultation.

These types of cases are very unique and it is hard to say exactly how long they could take. Wrongful death cases can take anywhere from a few months, to several years. There are many factors that can influence the amount of time they might take, and we would want to ensure that we have thoroughly investigated your case. Even if your case does not go to trial, settling your case can take time. Depending on the specifics of the case, attorneys might have to look into driving records, cell phone records, surveillance videos, etc in order to gather all