A wrongful death case in Hackensack, New Jersey, occurs when a person dies due to someone else’s wrongful or negligent actions. This can include accidents resulting from distracted driving, unsafe property conditions, driver negligence, or construction site negligence. In these cases, surviving family members may recover financial compensation for their losses.
If you recently lost a loved one due to someone else’s wrongful act, the skilled and compassionate Hackensack wrongful death attorneys at Maggiano, DiGirolamo & Lizzi, P.C., can help. We will investigate the circumstances surrounding the death, gather essential evidence, and determine who is responsible. We will then fight to ensure that you receive compensation for medical expenses, funeral costs, lost income, and emotional suffering.
Additionally, we will handle negotiations with insurance companies and defend your rights against any attempts to undervalue the claim. If necessary, we can also take the case to trial, advocating on your behalf to secure the compensation you and your family deserve at this difficult time.
For a free case evaluation and legal consultation with an experienced Hackensack wrongful death lawyer, please call our office at (201) 585-9111 or contact us online today.
Why Select Us?
Losing a close loved one is an extremely difficult experience for any individual or family. This is especially true when the loss resulted from someone else’s wrongful, careless, or reckless act. The knowledgeable and compassionate Hackensack wrongful death attorneys at Maggiano, DiGirolamo & Lizzi, P.C., are committed to fighting for the justice and compensation you and your family deserve at this difficult time.
Our lawyers have more than 90 years of combined trial experience, and we have recovered in excess of $300 million on behalf of our injured accident victim clients over the years. We are prepared to aggressively fight the insurance company for the compensation you and your family need, and if necessary, litigate your case to a favorable resolution in the court system. We will handle the entire legal process for you, allowing you and your family time to grieve the loss of your loved one.
You can see our most recent client reviews and case testimonials on this site. Our office is conveniently located at Court Plaza South, 21 Main St., Suite 206, Hackensack, NJ 07601.
I am writing this review on behalf of my mother, Darlene LaVella, who does not have a Facebook. ‘Chris DiGiralamo was an excellent advocate in my negligence case. His confidence, professionalism and kindness made this difficult process easier for my husband and myself. The same for his support team. Marisol Suarez was always there via phone, email or text helping me to navigate the difficulties of Workers Comp in addition to the negligence case and Karen Sanchez, who recommended the firm to me, was invaluable in helping with video & pictures. I thank you all here, publicly, and recommend this firm highly for any legal needs.’
Maggiano, DiGirolamo & Lizzi has a team of dedicated attorneys, knowledgeable and give 110% to each one of their cases.
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!
How Much is a Hackensack Wrongful Death Case Worth?
Although no amount of money can ever replace a lost loved one, it can bring about a sense of justice and closure – both for you and your family. Determining the value of a wrongful death case in Hackensack, New Jersey, can be complicated, and several factors influence how much compensation you may recover:
- Economic Losses: This includes the financial support your loved one provided. Factors such as their salary, benefits, and potential future earnings are considered. Additionally, medical bills related to the injury that caused the death can be included.
- Loss of Services: If the deceased provided essential household services, such as childcare, cleaning, or home maintenance, the cost of replacing those services may be compensated.
- Funeral and Burial Expenses: Families can recover reasonable costs for these services.
- The Deceased’s Age and Health: A younger person with a long career ahead of them may result in a higher compensation value than someone nearing retirement.
- Liability and Evidence: Strong evidence proving negligence or wrongdoing can strengthen your case and may increase its value.
It’s important to note that New Jersey law does not allow families to claim damages for emotional pain and suffering in wrongful death lawsuits. However, if a separate survival action is filed, compensation for the deceased’s pain and suffering before death may be possible.
Occurrences that Can Lead to a Wrongful Death in Hackensack
A wrongful death case in Hackensack, New Jersey, occurs when a person dies because of someone else’s negligence, recklessness, or intentional wrongdoing. In these cases, the executor of the deceased’s estate may file a claim or lawsuit for the benefit of surviving family members, such as spouses, children, and sometimes parents or other dependents.
What is a Wrongful Death Case?
A wrongful death case is a type of civil lawsuit brought against the party responsible for causing the death. Unlike criminal cases, which can lead to jail time or fines, wrongful death claims focus on providing financial compensation to the victim’s family. To succeed in a wrongful death case, the claimant must prove that the responsible party’s actions directly caused their loved one’s death and resulted in measurable damages.
Common Causes of Wrongful Death
Several types of accidents and incidents can lead to wrongful death cases. Some of the most common include:
- Car Accidents: Negligent behaviors like speeding, reckless driving, or driving under the influence can cause fatal crashes. Distracted driving, such as texting behind the wheel, is also a major cause of deadly accidents.
- Truck Collisions: Large commercial trucks can cause devastating accidents due to their size and weight. Driver fatigue, poor maintenance, or overloaded cargo can contribute to these deadly incidents.
- Motorcycle Accidents: Motorcyclists are vulnerable on the road, and careless drivers who fail to yield or check their blind spots can cause fatal crashes.
- Premises Accidents: Property owners have a duty to maintain safe conditions on their premises. Fatal accidents may occur due to hazards like slippery floors, faulty railings, or unsafe construction areas.
- Construction Accidents: Construction sites are inherently dangerous, and accidents involving falling objects, equipment malfunctions, or unsafe working conditions can lead to fatal injuries.
- Distracted Driving Accidents: Drivers who focus on their phones, GPS devices, or other distractions instead of the road can cause fatal collisions.
In each of these situations, a wrongful death claim aims to hold the responsible party accountable and provide financial relief for the grieving family.
Successfully Proving a Wrongful Death Case in Hackensack
In Hackensack, New Jersey, a wrongful death claim or lawsuit involves several legal elements that must be proven to succeed in court. These elements establish that the deceased individual’s death resulted from someone else’s negligent, reckless, or intentional actions. If these elements are met, the surviving family members may be entitled to compensation for their losses:
- The At-fault Party’s (Defendant’s) Duty of Care: The first element of a wrongful death case is showing that the defendant had a duty of care to the deceased. In simple terms, this means the defendant had an obligation to act in a way that would not harm others. For example, a driver has a duty to drive safely, and a property owner has a duty to maintain a safe environment.
- Breach of Duty: Next, the wrongful death claimant must show that the defendant failed to fulfill their duty of care. This can happen in various ways, such as driving while intoxicated, failing to fix a hazardous condition on their property, or violating safety regulations in a workplace. This breach of duty directly contributes to the accident or injury that led to the person’s untimely death.
- Causation: The third element is proving that the defendant’s breach of duty caused the death. There must be a clear link between the defendant’s actions (or lack of action) and the death. For example, if a driver runs a red light and crashes into another vehicle, causing a fatal accident, the driver’s actions caused the death.
- Damages: Finally, the claimant must show that the surviving family members suffered damages as a direct result of the death.
To prove a wrongful death case, it is vital to present strong evidence. Some of the most important types of evidence include:
- Accident Reports: Police reports and accident investigations are key to showing how the incident occurred.
- Medical Records: These documents establish the cause of death and show the medical treatment provided before death.
- Witness Testimony: Statements from people who witnessed the accident or were familiar with the deceased’s condition can support the claim.
- Photographs and Videos: Images or footage from the scene can provide visual proof of how the accident took place.
- Expert Testimony: Medical experts, accident reconstructionists, or other professionals may be needed to explain technical details and causation.
By gathering and presenting this evidence, the wrongful death claimant can build a strong case to recover compensation for the family’s losses.
Fighting the Insurance Company in a Hackensack Wrongful Death Case
In a wrongful death claim or lawsuit in Hackensack, New Jersey, dealing with an insurance company can be one of the most challenging aspects of the case. Insurance companies are in business to protect their profits, and this often means minimizing payouts to claimants. However, at Maggiano, DiGirolamo & Lizzi, P.C., our experienced wrongful death attorneys can fight the insurance company on your behalf to ensure you receive fair compensation for your losses.
Insurance companies will typically offer a settlement early on, but these offers are often much lower than what the claim is truly worth. We will carefully review the facts of your case, including medical bills, funeral costs, lost income, and other damages, to determine a fair amount. We will also negotiate with the insurance company to secure a settlement that better reflects the full extent of your losses.
Our lawyers have the resources and experience to gather the necessary evidence to support your case. This includes accident reports, medical records, witness statements, and expert testimony. The stronger your evidence, the harder it will be for the insurance company to deny liability or undercut your claim. We will ensure all the evidence is properly collected and presented to support your case.
Insurance companies may try to use legal technicalities or procedural hurdles to delay or deny your claim. For example, they may argue that you do not have sufficient evidence to prove the wrongful death claim or lawsuit. Our lawyers are well-versed in the legal requirements and deadlines for filing a claim in New Jersey, ensuring you don’t miss any important steps.
If the insurance company refuses to offer a fair settlement or if negotiations fail, we can take the case to court. Insurance companies often try to avoid going to trial, so the threat of a lawsuit can sometimes push them to offer a higher settlement. However, if necessary, we will be ready to fight for your rights in front of a judge and jury.
By having a skilled attorney on your side, you give yourself and your family the best chance to win a fair and just outcome in your wrongful death case.
Verdicts and Settlements
$525,000 - Premises Liability / Spinal Disc Injury
September 11, 2010, our client was in a deli waiting at the counter. A refrigerator was being moved on a portable dolly and the refrigerator fell off and pinned him between the counter and the refrigerator. He suffered disc injury to his cervical and lumbar spine as well as a fractured rib. It caused him to become disabled from his work as a replacement window salesman which required…
$500,000 - Medical Negligence
To the mother and father of an adult female daughter who died following a plane flight of a pulmonary embolism from taking of birth control pills prescribed even though her chart was red flagged against birth control pills. We contended that this needless death, this loss of a young life was a family loss and the result of system errors brought about by failures in the system…
$250,000 - Motor Vehicle Accident
To 84 year old man that was sideswiped by moving car as he entered street to open his car door. He initially had no complaint of pain and refused emergency room 2 weeks later while visiting his family doctor an X-ray was done as a precaution and found a vertebral fracture and he had emergency surgery $250,000 was maximum available coverage.
Most Important Steps to Take in a Hackensack Wrongful Death Case
If you are considering filing a wrongful death case in Hackensack, New Jersey, there are several important steps you should take to ensure that your claim is handled effectively and efficiently.
First, you should gather available evidence for the case, such as accident reports, medical records, witness statements, and any available photos or videos. Strong evidence is necessary in proving that someone else’s negligence caused your loved one’s death and is essential for building a successful case.
Also, you should be sure not to speak with insurance company adjusters. These individuals have a way of twisting words in an attempt to undervalue – or outright deny – a claim. You should leave all insurance company communications and negotiations to us.
Finally, it’s essential to consult with the compassionate and experienced Hackensack wrongful death attorneys at Maggiano, DiGirolamo & Lizzi, P.C., as soon as possible. We will determine whether you have a valid claim, and if so, ensure that your case is filed within New Jersey’s statute of limitations. We will also work with you to assess the full extent of your losses. This includes medical expenses, funeral costs, lost income, and other damages. If a fair settlement cannot be reached, we will be ready to take your case to court and fight for the compensation you deserve.
Taking these steps as soon as possible will help protect your rights and maximize your chances of success.
Contact an Experienced Hackensack Wrongful Death Lawyer Today
Losing a loved one is never easy, especially when that loss is fully preventable. The experienced and compassionate legal team at Maggiano, DiGirolamo & Lizzi, P.C., will do everything possible to help you and your family obtain the compensation you need at this extremely difficult time.
For a free case evaluation and legal consultation with a knowledgeable Hackensack wrongful death attorney, please call our office at (201) 585-9111 or contact us online right away.
