The accidental death of a loved one carries a high toll, not just emotionally but financially. Depending on the accident, that toll may include healthcare costs on top of funeral and burial expenses. You’re also facing an uncertain future devoid of the income and support the deceased provided. None of this is normal; you would not be experiencing these struggles if the responsible party had behaved differently.
The team at Maggiano, DiGirolamo & Lizzi P.C. cannot replace the support, companionship, and income your loved one provided. However, a Fair Lawn wrongful death lawyer from our firm can support your claim, stay by your side, and fight for compensation to replace the financial losses you’ve sustained.
We Can Help You Regardless of How You Lost Your Loved One
A wrongful death suit can cover a number of accidental deaths, as long as they were due to negligence. A responsible party is considered negligent when they failed to do something that was reasonably expected of them. That failure then resulted in the accident that caused the fatality. Your wrongful death claim will hinge on demonstrating that negligence.
Some wrongful death accidents we cover are:
- Motor vehicle accidents
- Truck accidents
- Premises liability
- Product defects
- Nursing home neglect
While these scenarios can differ greatly, the basic concept is the same: someone’s carelessness had dire consequences, and that carelessness makes them liable.
Verdicts and Settlements
$775,000 - Wrongful Death
For the wrongful death of car accident victim who died while being prepared for emergency surgery.
Who Is Eligible to File
Under New Jersey Revised Statutes §2A:31-4, only certain people are entitled to damages in a wrongful death lawsuit. After the death of a loved one, the following people can file a claim:
- Surviving spouse
- Dependent children
- Other dependent relatives
Filing a wrongful death claim can become complicated for unmarried partners and other loved ones. Moreover, anyone claiming to be a dependent must have proof of their reliance on the decedent. In these situations, consulting a wrongful death attorney may help provide clarity in pursuing a claim.
When a Driver Is Responsible
Tragically, motor vehicle accidents are a common source of wrongful death claims. Negligence behind the wheel can take the form of:
- Distracted driving
- Running red lights
- Drunk driving
- Failure to yield
- Traffic violations
- Drowsy driving
- Following too closely
- Aggressive driving
Police reports, video surveillance, photos, and witness statements can all bolster a wrongful death claim, providing a comprehensive portrait of the accident’s events. Our staff may also utilize expert analysis to lend additional authority to your claim.
Motorcycle accident fatalities were almost 27 times higher than those involving cars in 2017, according to the Insurance Institute of Highway Safety (IIHS). Many of those were due to head injuries. Drivers who neglect to look out for motorcyclists can be held accountable for their oversight.
While pedestrians are afforded the right-of-way in many instances, some drivers do not uphold that right, failing to yield or pay attention to people walking near roadways. Whether your loved one was killed by a drunk or distracted driver, rideshare operator, or traffic violation, you have a right to sue.
When a Truck Driver Is Responsible
When fatalities occur in collisions with semis and big rigs, the victims are usually the occupants of the smaller vehicle. While the size difference is one reason that this is the case, some other contributing factors to truck accident fatalities are:
- Road conditions
- Driver fatigue
IIHS estimates that it can take 20 to 40 percent more distance for a large truck to come to a stop compared to a smaller vehicle. The stopping length requirements are even longer in poor or wet road conditions. A big rig operator tailgating the car in front of them can slam on the brakes, but it may not do any good. Drowsiness can be another contributing factor in truck crashes; many drivers ignore federal regulations for taking breaks.
When a smaller vehicle goes under a large truck, this is called an underride crash. These accidents can crush the top of the vehicle, often resulting in a fatality. Consult a Fair Lawn wrongful death lawyer to learn how to handle this specific form of wrongful death.
When a Property Owner Is Responsible
Premises liability is a blanket term for several types of accidents that occur on someone else’s property. These include:
- Slip and fall
- Lack of security
- Dog bite
- Defective equipment
All property owners owe visitors a duty of care—they must maintain the premises, so it is safe from falls, crime, animals, and other accidents. In simple terms, what happens on a property is the responsibility of the owner, and that includes incidents that cause wrongful death. If you suffered this kind of loss, contact Maggiano, DiGirolamo & Lizzi P.C. today for a free case evaluation: (201) 585-9111.
When a Nursing Home Is Responsible
The purpose of a nursing home is to provide care. Negligence is therefore unacceptable, directly contradicting why residents and family members chose the facility.
Nursing home wrongful death can be filed on the grounds of:
- Failure to detect illness
- Medication errors
The death of a nursing home resident due to oversight is heartbreaking. Call our office today to stand up for both your lost loved one and other residents who are owed a duty of care in the same facility.
Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )
Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
Get Justice for Your Loved One
At Maggiano, DiGirolamo & Lizzi P.C., we want you to know you have a right to pursue damages following the tragic death of a loved one. In fact, under New Jersey Revised Statutes §2A:31-3, you have two years from the date of death to file your claim.
Call our office today at (201) 585-9111 for your free case review and learn the tools a Fair Lawn wrongful death lawyer can use to seek justice for your beloved family member.