New Jersey Wrongful Death Lawyer

Wrongful Death Claim in NJ

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A wrongful death claim in New Jersey is a legal action brought by the survivors or beneficiaries of a person who has died as a result of someone else’s negligence, recklessness, or intentional misconduct. The purpose of a wrongful death claim is to seek compensation for the losses suffered by the surviving family members due to the death of their loved one.

LLF Injury Lawyers, with a low 29%  contingency fee, will fight to get you maximum compensation.

Here are key aspects of wrongful death claims in New Jersey:

Eligibility to File a Wrongful Death Claim:

In New Jersey, only specific individuals are eligible to file a wrongful death claim. These typically include:

  1. Surviving Spouse or Domestic Partner: The surviving spouse or domestic partner has the primary right to bring a wrongful death claim.

  2. Surviving Children: If there is no surviving spouse or domestic partner, the surviving children of the deceased may be eligible to file a claim.

  3. Surviving Parents: If there are no surviving spouse, domestic partner, or children, the surviving parents of the deceased may have the right to file a claim.

  4. Representative of the Estate: The personal representative of the deceased’s estate can bring a wrongful death claim if there are no surviving spouse, domestic partner, children, or parents.

Statute of Limitations:

In New Jersey, there is a statute of limitations that sets a deadline for filing a wrongful death claim. Generally, the claim must be filed within two years from the date of the deceased person’s death. It’s crucial to adhere to this deadline, as failing to file within the specified time frame may result in the loss of the right to pursue legal action.

Damages Recoverable in a Wrongful Death Claim:

Compensatory damages in a wrongful death claim aim to compensate surviving family members for the losses they have suffered. Damages may include:

  1. Economic Damages:

    • Funeral and Burial Expenses: The costs associated with the deceased person’s funeral and burial.
  2. Financial Losses:

    • Lost Wages and Benefits: Compensation for the financial contributions the deceased would have made to the family during their expected lifetime.
  3. Non-Economic Damages:

    • Pain and Suffering: Compensation for the emotional pain and suffering experienced by the surviving family members.

Proving Wrongful Death:

To succeed in a wrongful death claim, the plaintiff must generally prove the following elements:

  1. Duty of Care: The defendant owed a duty of care to the deceased person.
  2. Breach of Duty: The defendant breached that duty of care through negligence, recklessness, or intentional misconduct.
  3. Causation: The defendant’s breach of duty was a direct cause of the deceased person’s death.
  4. Damages: The surviving family members have suffered measurable damages as a result of the death.

Consultation with a Wrongful Death Attorney:

Given the complexity of wrongful death claims, it is advisable for surviving family members to consult with an experienced wrongful death attorney in New Jersey. An attorney can assess the specific circumstances of the case, guide the family through the legal process, and work to secure fair compensation on their behalf. An attorney can also help gather evidence, negotiate with insurance companies, and, if necessary, litigate the case in court.

LLF Injury Lawyers, with a low 29%  contingency fee, will fight to get you maximum compensation.

If you have lost a loved due to someone else's negligence, call us today for a free, no obligation consultation.

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Wrongful Death Liability

Wrongful death claims can arise from various situations where an individual’s death is caused by the negligence, malpractice, or intentional actions of another party. Here are several types of accidents, malpractice, and intentional torts that could lead to a wrongful death claim:

1. Motor Vehicle Accidents:

  • Car Accidents: Reckless or negligent driving leading to a fatal collision.
  • Truck Accidents: Accidents involving large commercial trucks causing fatal injuries.
  • Motorcycle Accidents: Collisions involving motorcycles that result in death.

2. Medical Malpractice:

  • Surgical Errors: Mistakes made during surgery that lead to fatal complications.
  • Misdiagnosis or Failure to Diagnose: Failure to accurately diagnose and treat a medical condition that results in death.
  • Medication Errors: Administering incorrect medications or dosages leading to fatal consequences.
  • Negligent Care: Substandard medical care or failure to provide necessary care resulting in death.

3. Workplace Accidents:

  • Construction Accidents: Fatalities resulting from construction site accidents or equipment failures.
  • Industrial Accidents: Fatal injuries occurring in industrial settings due to machinery malfunctions or unsafe conditions.
  • Occupational Exposure: Exposure to hazardous substances leading to fatal illnesses.

4. Product Liability:

  • Defective Products: Products with design defects, manufacturing defects, or inadequate warnings causing fatal injuries.
  • Pharmaceutical Errors: Fatalities resulting from the use of defective or harmful pharmaceutical products.

5. Intentional Torts:

  • Assault and Battery: Intentional acts of violence leading to fatal injuries.
  • Homicide: Unlawful killings, whether intentional or through criminal negligence.
  • Domestic Violence: Fatalities resulting from domestic abuse or violence.

6. Premises Liability:

  • Slip and Fall Accidents: Fatal falls on poorly maintained premises.
  • Inadequate Security: Fatalities resulting from inadequate security measures leading to violent crimes.

7. Recreational Accidents:

  • Boating Accidents: Fatalities occurring in boating accidents due to negligence or recklessness.
  • Amusement Park Accidents: Fatalities resulting from accidents in amusement parks due to mechanical failures or operator negligence.

8. Criminal Acts:

  • Robbery or Assault: Fatalities resulting from criminal acts.
  • Kidnapping: Fatal outcomes of kidnapping incidents.
  • Terrorist Acts: Fatalities resulting from acts of terrorism.

9. Aviation Accidents:

  • Plane Crashes: Fatalities resulting from aviation accidents due to pilot error, mechanical failure, or other factors.

10. Nursing Home Abuse or Neglect:

  • Neglect: Failure to provide adequate care, leading to fatal health complications.
  • Abuse: Physical or emotional abuse resulting in fatal injuries.

Seeking Legal Advice:

Wrongful death claims involve complex legal processes, and the circumstances surrounding each case are unique. If you believe that the death of a loved one resulted from the negligence, malpractice, or intentional actions of another party, it’s crucial to consult with an experienced wrongful death attorney. An attorney can evaluate the details of the case, determine liability, and guide you through the legal steps necessary to pursue a wrongful death claim and seek compensation for your losses.

Call us today for a free, no obligation consultation.

Other Wrongful Death Claims in NJ

While the most common wrongful death claims arise from motor vehicle accidents, medical malpractice, workplace incidents, and other foreseeable circumstances, there are less common or unusual situations that can also lead to wrongful death claims. These cases often involve unique circumstances, and pursuing a legal claim in these scenarios may require specialized knowledge. Here are some less common or unusual types of wrongful death claims:

1. Amusement Park or Theme Park Incidents:

  • Fatalities resulting from accidents on amusement park rides or attractions due to mechanical failures, operator errors, or inadequate safety measures.
  • Parks Include:
  • Wildwood Boardwalk: A fun-filled boardwalk that features four piers with diverse amusement and water parks, such as Morey’s Piers and Ocean Oasis.
  • Diggerland USA: An exciting amusement park where you can experience the thrill of driving and operating real construction vehicles and machines.
  • Casino Pier & Breakwater Beach Waterpark: A seaside amusement and water park that offers a variety of slides, rides, and attractions, such as the Sky Ride and the Shore Shot.
  • Six Flags Great Adventure: The ultimate theme park in New Jersey that boasts many exhilarating rides, shows, and activities, such as Kingda Ka and Safari Off Road Adventure.
  • iPlay America: An indoor entertainment center that mimics a boardwalk, with arcade games, rides, and attractions, such as the Freedom Rider and the Kite Flyer.
  • Clementon Park & Splash World: One of the oldest amusement parks in the US that features a water park and a roller coaster, such as the Torpedo Rush and the Hellcat.
  • Land of Make Believe & Pirate’s Cove: A family-friendly amusement and water park that has various attractions, such as the Blackbeard’s Pirate Fort and the Sidewinder.
  • Steel Pier Amusement Park: A historic amusement park on the Atlantic City boardwalk that has rides and games, such as the Ferris Wheel and the Slingshot.
  • Wild West City: A western-themed amusement park that has live shows and attractions, such as the Stagecoach Ride and the Cowboy Museum.
  • Runaway Rapids: A family water park that has over 19 slides and a kids’ lagoon area, such as the Mountain Blast and the Kiddie Lagoon.
  • Gillian’s Wonderland Pier: A boardwalk amusement park that has rides for all ages, such as the Giant Wheel and the Wacky Worm.
  • Fantasy Island Amusement Park: A boardwalk amusement park that has a variety of rides and attractions, such as the Drop Zone and the Dragon Coaster.
  • Jenkinson’s Boardwalk: A boardwalk that has an amusement park, an aquarium, and a beach, such as the Flitzer and the Penguin Exhibit.
  • Playland’s Castaway Cove: A boardwalk amusement park that has a roller coaster and other rides, such as the Gale Force and the Double Shot.
  • Action Park: A water park that was infamous for being very dangerous and closed in 1996, such as the Cannonball Loop and the Alpine Slide.

2. Inadequate Security Cases:

  • Fatalities occurring due to inadequate security measures in public spaces, such as malls, hotels, or entertainment venues, leading to criminal activities causing harm.
  • You can have an inadequate security lawsuit in any type of place where you are lawfully present and where the property owner or business has a duty to provide reasonable security measures to protect you from foreseeable criminal acts of third parties. Some examples of places where you can have an inadequate security lawsuit are:

    • Apartment complexes
    • Shopping malls
    • Hospitals
    • Retail stores
    • Schools
    • Parking garages

3. Defective Airbags or Safety Features:

  • Fatalities resulting from defects in airbags, safety belts, or other vehicle safety features, where these defects contribute to fatal injuries during an accident.

4. Elderly Neglect in Assisted Living Facilities:

  • Deaths caused by neglect or abuse in assisted living facilities or nursing homes, which may include inadequate medical care, lack of supervision, or mistreatment of residents.

5. Environmental Contamination:

  • Fatalities resulting from exposure to hazardous substances due to environmental contamination, such as toxic waste spills, polluted air or water, or exposure to harmful chemicals.

6. Cyberbullying or Online Harassment:

  • Suicide resulting from severe emotional distress caused by cyberbullying or online harassment, where the responsible party may be held accountable for the wrongful death.

7. Animal Attacks:

  • Fatalities caused by animal attacks, such as dog bites or other incidents involving dangerous animals, where the owner may be held liable for failing to prevent the attack.

8. Medical Research or Clinical Trials:

  • Deaths occurring as a result of participation in medical research studies or clinical trials, where negligence, lack of informed consent, or inadequate monitoring may be factors.

Consulting a Wrongful Death Attorney in NJ

Wrongful death claims against police or governmental entities involve situations where a person dies as a result of the actions or negligence of law enforcement officers or other government employees. These claims can be complex due to the involvement of government entities and the legal principles of sovereign immunity that may shield them from certain lawsuits. Here are different types of wrongful death claims that can be brought against police or governmental entities:

1. Excessive Use of Force:

  • Claim: Allegations that law enforcement officers used excessive or unreasonable force, resulting in the death of the individual.
  • Basis: Violation of the decedent’s constitutional rights, particularly the Fourth Amendment’s protection against unreasonable seizures.

2. Police Shootings:

  • Claim: Fatalities resulting from shootings by police officers.
  • Basis: Allegations of excessive force, failure to follow proper procedures, or inadequate training.

3. Negligent or Reckless Conduct:

  • Claim: Deaths caused by the negligent or reckless actions of law enforcement officers.
  • Basis: Failure to follow proper procedures, lack of training, or other forms of negligence.

4. Failure to Intervene:

  • Claim: Allegations that other officers failed to intervene when witnessing excessive force or misconduct by a fellow officer.
  • Basis: Violation of duty to protect and prevent harm to individuals in custody.

5. Failure to Provide Medical Care:

  • Claim: Deaths resulting from a failure to provide timely and adequate medical care to individuals in police custody.
  • Basis: Negligence in ensuring the well-being of those in custody.

6. Unlawful Arrest or Detention:

  • Claim: Allegations that an unlawful arrest or detention led to the death of the individual.
  • Basis: Violation of constitutional rights, including the Fourth Amendment’s protection against unreasonable seizures.

7. Pursuit-Related Fatalities:

  • Claim: Deaths resulting from police pursuits, especially those involving high-speed chases.
  • Basis: Negligence in conducting or managing pursuits that lead to harm.

8. Failure to Train or Supervise:

  • Claim: Allegations that the police department failed to adequately train or supervise its officers, leading to wrongful deaths.
  • Basis: Negligence in the training and supervision of law enforcement personnel.