The premature death of a loved one can bring on intense feelings of grief, anger, and disbelief. If your loved one passed away because of someone’s negligence, recklessness, or unlawful actions, you may qualify for compensation through a wrongful death claim.
Pursuing financial compensation through a wrongful death claim may seem like an overwhelming endeavor. At Maggiano, DiGirolamo & Lizzi P.C., we understand that dealing with the legal system is probably not your biggest priority during this tumultuous time. Let a Hoboken wrongful death lawyer from our firm handle the wrongful death claim on your behalf so that you and your family can focus on recovering from your tragic loss.
Call our office at (201) 585-9111 today and schedule a free, no-obligation case evaluation. Maggiano, DiGirolamo & Lizzi P.C. takes wrongful death cases on a contingency fee base. This means we do not take a fee unless we are able to successfully recover compensation for you.
Laws Regulating Wrongful Death Claims in New Jersey
When a person’s untimely death results from another party’s negligence or wrongdoing, the surviving loved ones may file a wrongful death claim. A wrongful death claim is a civil matter that is separate from any criminal proceedings resulting from the deceased person’s death. The intention of a wrongful death claim is to recover financial compensation for the victim’s surviving loved ones.
If your loved one’s passing occurred under circumstances that are not fully known or understood, you may wonder whether it falls under “wrongful death.” New Jersey Statutes Annotated (NJSA) §2A:31-1 states that wrongful death involves the following circumstances:
- The death occurred during a wrongful or neglectful act.
- If the decedent had survived their injuries, they would have been entitled to bring legal action for damages.
A wrongful death lawyer at Maggiano, DiGirolamo & Lizzi P.C. can pursue compensation for wrongful death involving a variety of factors, such as the following:
- Car accidents, truck accidents, motorcycle accidents, and pedestrian accidents
- Accidents caused by an unsafe condition on someone else’s property
- Medical malpractice
- Nursing home abuse and neglect
- Construction site accidents
- Workplace accidents
- Inadequate security
- Criminal acts
- Defective products
Verdicts and Settlements
$775,000 - Wrongful Death
For the wrongful death of car accident victim who died while being prepared for emergency surgery.
Family Members Entitled to File a Wrongful Death Claim
Only certain individuals may file wrongful death claims. NJSA §2a:31-2 states that wrongful death claims must be brought by an executor of the decedent’s will or an administrator, which is a court-appointed representative of the decedent’s estate. Typically, the following family members file a wrongful death claim:
- Adult child
- Niece or nephew
Damages Available through a Wrongful Death Claim
Through a wrongful death claim, you may be able to recover compensation for:
- The decedent’s medical expenses related to the fatal injuries.
- Funeral and burial expenses.
- Loss of the decedent’s financial support, guidance, and companionship.
- Loss of the value of the decedent’s household services, such as childcare.
Compensation for the survivors’ emotional distress is not available in a New Jersey wrongful death claim. However, compensation for negligent infliction of emotional distress may be available through a separate cause of action if a family member witnessed the death.
Money cannot make up for your tragic loss, but it may alleviate any financial stress that comes from your loved one’s passing. Schedule a no-obligation, free case evaluation to learn more by calling Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111.
New Jersey Survival Actions
New Jersey’s Survival Statute may allow you to recover damages for prior injury cases that had yet to resolve before the decedent’s death. If the decedent qualified for a separate personal injury case at the time the wrongful death occurred, the surviving family members may continue to pursue the action. If the court awards damages, these will go to the decedent’s estate, as well.
Statute of Limitations on Wrongful Death Cases in New Jersey
The statute of limitations, or time limit, for claims brought under the New Jersey Wrongful Death Act or Survival Act, is two years. This means that you must file the claim within two years of the decedent’s death. However, if the decedent’s death was the result of murder, manslaughter, or aggravated manslaughter, this time limit may not apply, according to NJSA §2A:15-3.
How a Hoboken Wrongful Death Lawyer Can Help
Proving that an individual’s death meets the criteria for a wrongful death claim and securing compensation for the surviving loved ones is often a challenging task. A wrongful death lawyer from Maggiano, DiGirolamo & Lizzi P.C. can investigate the circumstances of your loved one’s death, gather evidence to build your claim, and advocate on your behalf throughout the case.
We may use a range of evidence to support your wrongful death claim, including physical evidence and witness testimony. Expert testimony from medical professionals, coroners, accident reconstructionists, or other professionals may help to strengthen your claim.
Contact Maggiano, DiGirolamo & Lizzi P.C.
Losing a spouse, parent, child, sibling, or another family member is always a heartbreaking event. The loss of a loved one in a preventable incident is especially tragic. If your loved one passed away due to the negligent or wrongful actions of another party, you deserve justice. A Hoboken wrongful death lawyer may be able to help you hold the responsible party accountable and recover financial compensation for your losses.
To learn more, call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111. Schedule a free, confidential consultation today. Remember, cases are taken on a contingency fee, which means that you only pay if and when we are able to obtain compensation on your behalf.