Wrongful Death Attorney Newark NJ
In New Jersey, a family member or another person with standing can bring forward a wrongful death action when negligence on the part of another person causes the victim’s death.
Who can file a wrongful death claim in Newark, NJ?
In the state of New Jersey, a wrongful death claim can be filed in an instance when a person would have filed a personal injury claim, but they are unable to because the wrongful, neglectful act caused their death. The laws of each state determine who is legally able to come to bring forth a wrongful death claim. In New Jersey, a wrongful death claim can be filed on behalf of the surviving family members or representatives of the decedent’s estate. The recovery of damages is paid out in priority order. Surviving family members who were dependent on the deceased person, such as young children who lost a parent or those who were entitled to inherit anything from the deceased, are often first to receive damages.
In the case of an adult, a wrongful death claim can be filed by a surviving spouse, and if there is no surviving spouse, then the surviving children. If there are no surviving children, then the grandchildren can file on their behalf. If there was no spouse or children, then the decedent’s surviving parents may receive a portion of damages in a wrongful death claim. If no such surviving family members exist, then surviving brothers and sisters, nieces, or nephews of the decedent may file a wrongful death claim.
The court may appoint a representative for the estate if there are no surviving family members or anyone who is actually dependent on the decedent at the time of death.
What wrongful death damages are available to compensate the estate and surviving family members?
When a loved one has died, it feels like the world stops. Many people express feelings of helplessness and bewilderment that they have to go on with their lives without their loved ones. Sometimes they’re facing single parenthood and have to figure out childcare. Surviving family members may be so busy trying to find out how to build a new life without the help they used to have that they may not even have time to grieve.
A compassionate and experienced wrongful death attorney in Newark, New Jersey, works with you personally during this difficult time to help you get your losses compensated from the liable party. Damages are intended to compensate those who have suffered losses from the decedent’s death. This includes loss of:
- Financial support
- Expenses related to medical care, funeral, and burial
How much can I receive in my wrongful death claim?
Again, the information that is presented here is meant to give you a general overview of what you can do if another person’s negligence or recklessness killed a loved one and you are seeking financial compensation in a wrongful death claim. In order for us to evaluate the value of your claim, schedule a free consultation with one of our attorneys at Goldstein & Goldstein, LLP. Wrongful death can occur for a variety of reasons including:
- Motorcycle accidents
- Commercial truck accidents
- Car accidents
- Slip and fall injuries
- Occupational hazards/Workmen’s Compensation
- Premises accidents
- Negligence at a daycare center or nursing homes
- Medical malpractice
- Birth injuries
Depending on how much your loved ones suffered and the medical bills they accrued to treat their injuries before succumbing to them, you could receive a wrongful death settlement between $150,000 to over $1 million in damages. Give us a call to discuss the circumstances surrounding your case and give you a better idea of what your estimated damages could be.
Who pays for my wrongful death damages?
The party that is considered responsible for the wrongful death is the party that is liable for paying damages. Depending on the circumstances of your case, the party could be any number of people, including a government agency, private individual, private business, a medical professional, etc.
How is compensation calculated in a wrongful death case?
There are two different types of damages that you can file a claim for. They are economic damages and non-economic damages. Economic damages are the costs and calculable losses that the victim’s family is left with as a result of their death. These can include funeral expenses and burial expenses, and the medical care and treatment that was necessary before the decedent’s death. Non-economic damages recognize the pain and suffering that the victim endured before their untimely death.
Your attorney will add up all of your economic damages and present those to the insurance company. Additionally, they will make a case for your pain and suffering damages. They will argue for you to receive a certain percentage higher of your overall damages awarded for your economic losses.
Why Goldstein & Goldstein, LLP
When a person is killed through another’s negligence or recklessness, the attorney you choose has a huge impact on your case. Our attorneys at Goldstein & Goldstein, LLP are ready to fight hard for full compensation for losses suffered. We gather evidence to strengthen your case and develop a rigorous legal strategy in order to increase your chances of a successful outcome.
Our lawyers are committed to helping you during one of the most difficult periods of your life. We pride ourselves on maintaining communication with our clients. We make sure that when you have a question, you feel free to ask us. We want what’s best for you and your family so we fight hard for you. Give us a call today to schedule your free consultation.