Wrongful Death

New Jersey Wrongful Death Attorney

If you have lost a loved one due to someone else's negligence or recklessness, you may be feeling overwhelmed and seeking answers. At Garces Grabler & LeBrocq, we understand the devastation that can be caused by a wrongful death, and we are here to help.

Our experienced New Jersey wrongful death attorneys will work tirelessly to investigate the circumstances surrounding your loved one's death and to hold those responsible accountable. We will also seek to prevent others from suffering the same fate by taking legal action as necessary.

We offer free, confidential legal consultations to understand what happened and advise you of your options. Call us today to get started on the road to recovery.

What is Wrongful Death?

A wrongful death claim can be filed when one person’s death occurs as the result of the negligence, reckless behavior, or violent behavior of another individual or entity. It’s important to note that a wrongful death claim is a civil action, not a criminal prosecution by the state. It’s possible that both a civil wrongful death claim and a criminal charge could be brought against one person or entity. A wrongful death claim awards monetary damages to the victim’s family while guilty verdicts in a criminal case could result in the incarceration or probation of the defendant.

There are three main types of wrongful death claims:

1. Negligence: This is the most common type of wrongful death claim. It occurs when someone dies as a result of another person or entity’s failure to take reasonable care to avoid causing injury or death. For example, if a driver runs a red light and hits and kills a pedestrian, the driver may be found negligent in a wrongful death claim.

2. Recklessness: This type of wrongful death claim is similar to negligence, but the at-fault party’s actions are more egregious. To prove recklessness, it must be shown that the at-fault party knew their actions could result in death or serious injury but proceeded anyway. An example of recklessness would be if a drunk driver gets behind the wheel and kills someone in a car accident.

3. Intentional Actions: This type of wrongful death claim alleges that the at-fault party intentionally killed the victim. It’s important to note that this doesn’t necessarily mean that the at-fault party meant to kill the victim, but rather that their actions were so dangerous that death was a foreseeable consequence. An example of an intentional action would be if someone got into a fistfight and ended up killing the other person.

No matter what type of wrongful death claim is filed, the goal is to get justice for the victim and their family. monetary damages may be awarded in a wrongful death claim, but nothing can undo the tragedy of losing a loved one. If you have lost a loved one due to the negligence or recklessness of another, you deserve to have your voice heard.

Who Can File a Wrongful Death Lawsuit in New Jersey?

In New Jersey, the executor or administrator of the estate must file the claim. If the deceased person did not have a will, the representative of the estate will be appointed by the probate court.

The executor of the estate can file a wrongful death lawsuit on behalf of the following survivors:

• The surviving spouse
• The surviving children
• The parents of a deceased child
• The putative spouse (meaning the person that the deceased was engaged to be married to)
• The grandparent or grandchild of the deceased if they were financially dependent on the deceased person

A wrongful death lawsuit can seek compensation for the following:

• Funeral and burial expenses
• The loss of financial support that the deceased person provided
• The loss of love, companionship, and guidance that the deceased person provided
• The pain and suffering that the survivors have experienced because of the death
• Punitive damages, in some cases

If you have lost a loved one due to the negligence of another, you may be entitled to bring a wrongful death claim. An experienced New Jersey wrongful death attorney can help you understand your legal rights and options.

Settlements and Compensation in New Jersey Wrongful Death Lawsuits

In New Jersey, a wrongful death claim can provide compensation to the surviving heirs for the loss of their loved ones. This type of lawsuit is intended to help ease the financial burden that often comes with an unexpected death.

There are several complex aspects to a wrongful death lawsuit, which is why it's always a good idea to consult with an experienced New Jersey wrongful death law firm about your specific situation.

In general, a wrongful death claim can provide compensation for:

• The loss of love, companionship, and support
• Funeral and burial expenses
• The loss of future earnings and benefits
• Pain and suffering experienced by the deceased before their death
• Mental anguish and emotional distress experienced by the surviving family members

While no amount of money can ever truly make up for the loss of a loved one, a successful wrongful death lawsuit can help ease the financial burden that often comes with an unexpected death. If you have lost a loved one due to someone else's negligence or wrongful act, you may be entitled to compensation.

Wrongful Death Compensation

Wrongful death compensation can come in many forms. The most common form of compensation is financial damages. This includes things like medical bills, funeral expenses, and lost income. Other forms of compensation may include pain and suffering, emotional distress, and loss of companionship. Punitive damages may also be awarded in some cases. These are designed to punish the person or company responsible for the death and deter them from similar behavior in the future. Each case is unique, so the amount and type of compensation will vary depending on the facts of the case. An experienced wrongful death attorney can help you understand what types of compensation may be available to you and fight to get you the maximum amount possible.

Survival Claims

A survival claim is a type of damages sought in a wrongful death case. The claim is based on the victim's lost earnings and pain and suffering from the time of the accident until their death. To win a survival claim, the plaintiff must prove that the deceased would have been able to support themselves financially if they had not died because of the accident. The claim can be filed by the victim's spouse, child, or another dependent.

The wrongful death of a loved one is a devastating event. The loss of a breadwinner can be especially difficult to cope with.

Work-Related Wrongful Death

Generally, work-related deaths are handled under the workers' compensation system. Under workers comp death benefits, the surviving spouse and dependents are entitled to a payout of 70% of the deceased worker’s average weekly wage, not to exceed the maximum benefit amount established annually by the New Jersey Commissioner of Labor. The New Jersey Division of Workers’ Compensation oversees the allocation of benefits among the dependents.

There are, however, some exceptions to this rule. If the death was caused by someone other than the employer or a co-worker, it may be considered a work-related wrongful death. In these cases, the surviving spouse or dependents may be able to file a wrongful death lawsuit against the responsible party. If you have lost a loved one in a work-related accident, it is important to speak with an experienced attorney who can help you understand your legal rights and options. Our dedicated legal team has represented many families in these types of cases, and we are here to help you through this difficult time.

The content above is provided for informational purposes only and should not be construed as legal advice. You should always consult with an attorney for specific advice about your situation.

Punitive Damages

Punitive damages are designed to prevent others from being hurt or injured in the same way. They are typically reserved for cases involving the most reckless and intentionally negligent behavior.

The burden of proving the defendant is liable for punitive damages lies with the plaintiff, or the person filing the lawsuit. When it comes to punitive damages, you would need to show “clear and convincing evidence” of either malice or extreme recklessness.

Examples of cases that could include a claim for punitive damages include:

• Drunk or drugged driving
• Vehicular homicide or manslaughter
• Reckless endangerment
• Aggravated assault

In New Jersey, the maximum value of punitive damages that can be awarded is five times the value of compensatory damages or $350,000, whichever is greater. Compensatory damages are intended to cover things like medical bills, lost income, and pain and suffering.

If you have lost a loved one in an accident caused by someone else’s reckless behavior, you may be able to file a wrongful death lawsuit. In addition to punitive damages, a wrongful death lawsuit can also seek compensation for things like funeral expenses and the loss of companionship.

If you have been injured in an accident or lost a loved one due to someone else’s negligence, it is important to speak with an experienced personal injury attorney.

How Do You Prove Wrongful Death?

Proving wrongful death can be a difficult task. Unlike in criminal cases, where prosecutors must prove guilt beyond a reasonable doubt, wrongful death claims are civil cases and are usually proven through the legal concept of negligence.

To prove negligence, plaintiffs must show that the defendant owed a duty of care to the deceased, that this duty was breached, and that the breach of duty resulted in the death of the deceased. Depending on the circumstances, plaintiffs may also have to show that the defendant's actions were the proximate cause of the death.

If you have lost a loved one and believe that their death was caused by someone else's negligence, it is important to speak with an experienced wrongful death attorney who can help you navigate the legal process and build a strong case.

What Happens in a Wrongful Death Lawsuit?

If you have lost a loved one due to someone else's negligence, you may be considering filing a wrongful death lawsuit. Here is what you can expect during the process.

Your first step will be to consult with a wrongful death attorney. During this consultation, your lawyer will review the evidence available in your case. This may include medical records, police reports, witness statements, electronic evidence, and interviews with family members. Your lawyer will use this information to determine whether you have a strong case.

If your lawyer believes you have a strong case, they will begin to build a case against the liable party. This may involve gathering more evidence and conducting interviews with witnesses. Once your lawyer has a strong case, they will file a wrongful death lawsuit on your behalf.

The next step will be to serve the liable party with the lawsuit. The liable party then has a certain amount of time to respond to the lawsuit. If they do not respond, you may be able to obtain a default judgment against them.

Once the lawsuit has been filed, the discovery process will begin. This is when both sides exchange information and evidence. The discovery process can be lengthy, so it is important to be patient.

After the discovery process has been completed, both sides will have the opportunity to present their case at trial. During the trial, a jury will hear evidence and testimony from both sides. They will then decide who is liable for the wrongful death of your loved one.

If you are successful in your wrongful death lawsuit, you may be awarded damages. These damages can include medical expenses, funeral expenses, lost wages and pain and suffering. You may also be awarded punitive damages, which are designed to punish the liable party.

Filing a wrongful death lawsuit can be a long and difficult process. However, it is important to remember that you are not alone. Your lawyer will be by your side every step of the way and will do everything they can to help you get the justice you deserve.

Deadlines for Filing a Claim

If you have lost a loved one due to the negligence or recklessness of another, you may be considering filing a wrongful death lawsuit. In New Jersey, the deadline for filing such a lawsuit is two years from the date of death. There are few exceptions to this deadline and if you were to file a claim outside of the statutory period, it may be immediately dismissed.

It is therefore important to consult with an experienced wrongful death attorney as soon as possible after the death of your loved one to ensure that your claim is filed within the appropriate period. An attorney can also advise you on whether you have a valid claim and help you navigate the complex legal process. If you have lost a loved one due to someone else's negligence, do not delay in seeking legal help.

Who gets the money in a wrongful death lawsuit?

If you've lost a loved one due to someone else's negligence, you may be wondering who is entitled to the compensation from a wrongful death lawsuit. In New Jersey, the administrator or executor of the deceased's estate can file a wrongful death claim and survival action on behalf of the victim's spouse, children, parents, and/or other relatives or friends who can prove dependence on the victim.

The compensation from a wrongful death lawsuit can help ease the financial burden caused by the death of a loved one. It can also help hold the responsible party accountable for their actions.

What type of crime is wrongful death?

Wrongful death is not a criminal offense, but rather a civil action. The family or estate of a deceased individual can sue the at-fault party for monetary compensation in a wrongful death case. While there may be some criminal penalties associated with the underlying cause of death (such as negligence or homicide), the wrongful death itself is not a crime.

How much does a wrongful death attorney cost?

The cost of hiring a wrongful death attorney will depend on several factors, including the complexity of the case, the amount of work required, and the attorney's fee structure. Most wrongful death attorneys work on a contingency basis, which means they only charge a fee if the case is won, and a settlement is awarded. In general, attorneys working on a contingency basis will charge a percentage of the settlement, which can range from 25% to 40%. For example, if the settlement is for $1 million, the attorney's fee would be $250,000 to $400,000. In some cases, attorneys may also charge an hourly rate for their services. If you are considering hiring a wrongful death attorney, it is important to discuss the fee arrangement upfront so there are no surprises later.

How long do wrongful death cases take to settle?

The amount of time it takes to settle a wrongful death case depends on many factors. In cases where liability is clear cut, claims may take as little as a few months to resolve. In other scenarios where negligence is harder to prove or there is a potential for a high claim value, a wrongful death case could take a year or more to resolve. Factors that will affect the timeline of your case include the severity of the accident, the insurance company's willingness to cooperate, and the availability of witnesses and evidence. An experienced wrongful death attorney can help you navigate these complexities and fight for the compensation you deserve.

Our Wrongful Death Team Is Here to Help

If you've lost a loved one due to someone else's negligence, you may be feeling overwhelmed and unsure of where to turn. We have decades of experience fighting for our clients and getting them the compensation, they deserve. We understand how devastating a wrongful death can be, and we're here to help you through this difficult time. Our compassionate client care and honest, straightforward approach has made us one of the top-rated law firms in New Jersey. We'll fight for your best interests so you can focus on what matters. Contact us today for a free consultation.

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