Losing a loved one in an accident is one of the most devastating experiences anyone can face. It leaves behind not only emotional pain but also practical challenges and questions.
If someone else’s negligence caused this loss, you have the right to seek justice and hold the responsible party accountable. A Fort Lee wrongful death lawyer can help guide you through this difficult time, providing the support and advocacy needed to pursue compensation and justice for your family.
At a time when everything feels uncertain, understanding your legal options can bring a sense of clarity and give you the tools to move forward. We know how confusing legal action is, especially when you’re grieving.
Who can file a wrongful death lawsuit in Fort Lee, NJ?
If you’ve lost a loved one due to someone else’s negligence in Fort Lee, certain family members may be eligible to file a wrongful death claim.
- In New Jersey, the spouse, children, or parents of the deceased can usually file the claim.
- If none of them are available, a financially dependent relative or estate representative may step in.
- These claims seek compensation for funeral expenses, lost income, emotional loss, and more.
- You generally have two years from the date of death to take legal action.
- A wrongful death lawyer helps navigate the process and ensures all eligible family members are considered.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone loses their life due to negligence, recklessness, or intentional actions by another party. New Jersey law allows surviving family members or a personal representative of the victim’s estate to seek financial compensation for their loss.
This type of claim is meant to relieve the financial burdens associated with the death while addressing the harm caused by others.
Common situations involving wrongful death claims include:
- Car Accidents. Careless or reckless drivers can cause fatal crashes, leaving families to deal with the aftermath.
- Truck Accidents. Commercial trucking accidents often result in severe consequences due to the size and weight of the vehicles involved.
- Defective Products. Manufacturers are responsible for ensuring that their products are safe to use. When a defective product causes death, they can be held liable.
- Workplace Accidents. Unsafe working conditions or faulty equipment can lead to fatal injuries, particularly in high-risk industries like construction.
If any of these scenarios sound familiar, you may have a wrongful death claim to pursue. Seeking legal guidance can help establish whether you’re eligible to file a claim and what steps to take.
Who Can File a Wrongful Death Lawsuit in New Jersey?
Under New Jersey law, specific individuals are eligible to file a wrongful death lawsuit. Primarily, this includes surviving family members such as:
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other dependents who relied on the deceased financially
If there isn’t an immediate family member, the claim could be filed by another representative on behalf of the estate. Understanding who qualifies matters because compensation must benefit eligible family members. Don’t worry if this process seems confusing, we are here to simplify it for you.
Types of Compensation Available
The purpose of a wrongful death claim is not to put a price on a loved one’s life but rather to provide financial relief to the family members left behind.
Damages that families may recover in a wrongful death case often include:
- Medical Expenses. This applies to any medical treatment the deceased received as a result of the incident before passing away.
- Funeral and Burial Costs. These can pile up quickly, adding to an already difficult situation.
- Loss of Income. If the deceased was a primary earner, compensation can help cover lost wages and the loss of financial support for dependents.
- Loss of Services. Courts recognize the value of care, guidance, and companionship the deceased provided to their family.
- Pain and Suffering. Although limited in New Jersey, certain cases may include damages for emotional distress.
Each case is unique, and the exact damages you can pursue depend on the details of your situation.
The Importance of Acting Swiftly
New Jersey has a time limit, known as a statute of limitations, for filing a wrongful death claim. Typically, you have two years from the date of the person’s death to bring forward your claim.
Missing this deadline could mean forfeiting the right to seek compensation. While the timeframe may seem generous, building a strong case requires investigation, evidence gathering, and collaboration with experts. Starting sooner allows your Fort Lee wrongful death lawyer to prepare your claim effectively.
What to Expect from the Legal Process
Taking legal action can feel intimidating, but understanding the general process can help ease your concerns. When you pursue a wrongful death case, your lawyer will typically handle the following:
- Initial Consultation. This is when you’ll discuss your case, outlining its details and gathering any immediate documentation.
- Investigation. A thorough review of the accident, including evidence collection, witness interviews, and possibly consulting experts, will establish liability.
- Filing a Claim. This involves formally submitting paperwork and any required documents to begin the lawsuit.
- Negotiation. Most wrongful death claims are resolved through settlement discussions, helping families avoid courtroom trials.
- Trial, if Needed. If a settlement can’t be reached, the case may proceed to trial where a court will decide on the claim’s outcome.
With knowledgeable representation, you can focus on healing while someone fights for justice on your behalf.
Why Choose Us When You Need a Fort Lee Wrongful Death Lawyer?
When searching for legal representation, it’s important to work with a firm that understands not just the law but also the community and the challenges you’re facing.
Here’s what sets us apart:
- Proven Results. With over $300 million recovered for clients, we bring real results to wrongful death cases. Our track record offers peace of mind that we fight hard on behalf of each client.
- Decades of Experience. Our attorneys have a combined 90+ years of experience in trial law, ensuring you’re getting seasoned professionals on your side.
- Community Focus. Serving Fort Lee and the surrounding areas, we understand the unique characteristics of this region, including the diverse cultural and socioeconomic dynamics at play. We’re here to support families in Korean, Hispanic, African American, and other vibrant communities.
- Personal Attention. You deserve personalized attention during this difficult time. We’ll keep you informed, answer your questions, and address your concerns every step of the way.
- Compassion and Strength. Balancing a compassionate approach with relentless legal advocacy is what we do. You need someone who respects your grief yet isn’t afraid to take bold steps to defend your family’s rights.
When you choose a lawyer, you’re choosing someone to stand beside you during one of the hardest chapters of your life. Make sure it’s someone who truly cares and has the resources to make a difference.
How Wrongful Death Settlements Are Distributed Among Family Members
When a wrongful death settlement is awarded in New Jersey, understanding how the compensation is divided among surviving family members can be confusing during an already overwhelming time.
State laws provide clear guidelines to ensure fairness, but families often have questions about what they are entitled to and how the process works. Below, we break down the key points you need to know about the distribution of wrongful death settlements in Fort Lee and the rest of New Jersey.
Who Is Eligible to Receive Compensation?
Under New Jersey’s wrongful death statute, compensation is intended to support the individuals who relied on the deceased person for financial or emotional contributions.
The law prioritizes certain family members when distributing wrongful death settlements, typically in the following order:
- Spouse and Children: The spouse and children of the deceased take precedence. If a spouse and children are living, they will generally be considered the primary beneficiaries. Children may be minors or adults but must show a dependent relationship for significant compensation.
- Parents: If there is no surviving spouse or children, the deceased’s parents can be eligible to receive compensation. This typically applies when the deceased was a young adult or unmarried individual who still provided support to their parents.
- Other Relatives: If there are no immediate family members, other dependents or heirs, such as siblings or extended family who can prove financial dependency, may be eligible for a portion of the settlement.
Factors That Affect Compensation Distribution
The distribution of wrongful death settlements isn’t a one-size-fits-all situation. Courts and insurance adjusters carefully consider several factors to determine who receives what, including:
- Financial Dependency: The level of financial support provided by the deceased to each family member is a key consideration. Family members who depended on the deceased for necessities, such as housing, medical care, or education, are likely to receive higher allocations.
- Age of Dependents: Younger children who rely on the deceased for long-term support may be entitled to a larger share to ensure their future needs are met.
- Contributions of the Deceased: The life circumstances of the deceased, including their income, career, and responsibilities, are critical to determining how compensation is distributed. For example, a parent who was the primary earner may result in a greater settlement allocation for their children and spouse.
What Can Wrongful Death Compensation Cover?
Wrongful death settlements are designed to address the financial losses caused by the untimely passing of a loved one.
New Jersey law categorizes compensation into several key areas:
- Lost Financial Support: Recoverable financial losses include the deceased’s wages, benefits, and expected future earnings that would have supported the family.
- Medical and Funeral Expenses: Reasonable costs associated with the deceased’s medical treatment and burial are often covered.
- Loss of Services: Compensation may also include the value of household services the deceased would have provided, such as childcare, maintaining the home, or managing finances.
- Loss of Guidance: For children of the deceased, courts may assign additional compensation to account for the loss of parental guidance, care, and companionship.
What Happens When Family Members Disagree?
Disputes can arise when family members are unable to agree on how the settlement should be divided. For instance, one sibling may feel that another is receiving more than their fair share, or extended family members may contest their exclusion.
When disagreements occur, the court may step in to allocate the settlement based on New Jersey law, balancing the needs and relationships of all eligible recipients. Mediation is another option, helping families reach an agreement without the need for prolonged litigation.
Working with an experienced legal advocate can provide clarity and support throughout this process.
Moving Forward After a Tragic Loss
While no amount of money can replace a loved one, holding the responsible party accountable can help bring a sense of justice and closure for your family. A wrongful death claim ensures your family’s financial future is protected while sending a clear message that negligence has consequences.
Our team values your trust, treats every case with the care and attention it deserves, and commits to seeking the best possible outcome.
Call for a Free Consultation
At Maggiano, DiGirolamo & Lizzi, P.C., we’re here to listen and offer support when you need it most. If you’re ready to take the first step toward justice, reach out to discuss your case.
Contact us today at (201) 585-9111 to schedule your free consultation. You can count on us to fight for you and your family.
Frequently Asked Questions
Can I File a Wrongful Death Claim If the Deceased Was Partially at Fault for the Accident?
Yes, you may still be able to file a wrongful death claim in New Jersey, even if the deceased was partially at fault. New Jersey follows a comparative negligence system.
Can Extended Family Members, Like Cousins or Grandparents, File a Wrongful Death Claim in New Jersey?
Typically, only immediate family members or those who can prove financial dependence on the deceased are eligible to file a wrongful death claim in New Jersey. This includes the spouse, children, and possibly the deceased’s parents.
Are Wrongful Death Settlements Taxable in New Jersey?
Generally, wrongful death settlements are not subject to federal or state income tax in New Jersey if the compensation is for economic damages such as lost income or medical expenses. This includes the compensation awarded for the financial support the deceased would have provided.
What Happens If the Wrongful Death Occurred Outside of New Jersey?
If the wrongful death occurred outside of New Jersey, you may be able to file the claim in the state where the accident happened or in New Jersey, depending on the circumstances. Jurisdiction depends on factors such as where the responsible party resides, where the incident occurred, and where the deceased lived.
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!
I want to express my deepest appreciation to the firm “MAGGIANO, DiIGIROLAMO
& LIZZI P.C. and to Cristopher DiGirolamo, in particular, for professionally and timely manner. The most important result for me is the successful completion of the case.
I also wish to express my thanks to the paralegal Nirelly Echanique and to Katty, the nice lady at the front desk.
Without any hesitation, I would recommend your firm to others.
Many thanks for your fruitful work.
I have been a practicing personal injury lawyer in New Jersey for over twenty years. I knew Michael Maggiano by reputation and when I was involved in an automobile myself I went to him to handle my case. I learned that the reputation was well founded and he has an outstanding law firm, very efficient and professional. He and his staff were always available and helpful during every step of the process and the resultant settlement was excellent. I could not recommend Mr. Maggiano and his firm more highly. Thank you to all at Maggiano, DiGirolamo & Lizzi .
