New Jersey Wrongful Death Lawyers

Helping Families Seek Justice & Compensation

When a loved one is taken from us too soon, the pain and grief can be overwhelming. The emotional toll can be even worse when you know that your family member’s death could and should have been prevented.

At Simonson Goodman Platzer PC, we have dedicated our practice to helping the surviving loved ones of those who have died as a result of negligence. We understand that no amount of money can ever make up for the loss of a loved one, but we also know that it can be a critical part of the healing process. If you have lost a loved one, you may be entitled to compensation for the financial and emotional losses you have suffered.

Have you lost a loved one due to someone else's negligence? Our New Jersey wrongful death lawyers are here to help you seek justice and the compensation you deserve. Call Simonson Goodman Platzer PC today at (800) 817-5029 or contact us online for a free consultation.

What Is a “Wrongful Death”?

Wrongful death is a legal term used to describe a case in which a person dies as a result of another person or party’s negligent, careless, dangerous, or wrongful conduct. In other words, if your loved one would have had grounds to file a personal injury case had they survived, you may have grounds to file a wrongful death case.

Wrongful death is a legal term, not a medical term. Wrongful death cases can arise out of any number of circumstances, including:

• Car accidents
• Truck accidents
• Pedestrian accidents
• Motorcycle accidents
• Bicycle accidents
• Workplace accidents
• Construction accidents
• Slip and fall accidents
• Premises liability accidents
• Defective products
• Medical malpractice
• Dangerous drugs
• Nursing home abuse

These are just a few examples. If you have lost a loved one in any type of accident or due to any type of negligence, reach out to our wrongful death lawyers in New Jersey to learn more about your rights and options.

Wrongful death cases can originate from various situations, making it important to consult an attorney who can help identify the specific cause and navigate the legal complexities involved. Often, families are unaware of their rights or the full extent of compensation to which they may be entitled. Understanding wrongful death laws can empower you with the knowledge needed to make informed decisions during such a challenging time.

Who Can File a Wrongful Death Lawsuit in New Jersey?

In New Jersey, only specific individuals are eligible to file a wrongful death claim. Generally speaking, the decedent’s “heirs” are the ones who have the right to pursue compensation through a wrongful death lawsuit.

Heirs in a New Jersey wrongful death case may include:

• Spouses
• Domestic partners
• Children
• Stepchildren
• Parents
• Siblings
• Others who are dependent on the decedent

If the decedent has no surviving heirs, their estate may bring a wrongful death claim.

Navigating who is eligible to file a wrongful death claim can be complicated. Each potential claimant must understand their relationship's standing to the deceased and how that can influence the compensation for emotional and financial impacts. Legal guidance is vital here, as different parties may have varying entitlements under the law. Consulting an attorney can clarify filing procedures, deadlines, and documentation required, ensuring your claim is filed correctly and timely.

Wrongful Death Caused by Medical Malpractice

Medical malpractice is one of the most common causes of wrongful death in New Jersey. 

To prove a medical malpractice wrongful death claim, you must be able to show that:

• The medical professional owed a duty of care to the patient
• The medical professional breached the duty of care (i.e., was negligent)
• The patient died
• The patient’s death was caused by the medical professional’s breach of the duty of care

In other words, you must be able to prove that your loved one died as a result of a medical professional’s negligence. This can be extremely difficult, as doctors, nurses, and other medical professionals are held to a high standard of care, and even one small mistake can have deadly consequences.

At Simonson Goodman Platzer PC, we have extensive experience handling complex medical malpractice and wrongful death cases. We know how to effectively prove that a medical professional acted negligently and that their negligence led to your loved one’s death. Our New Jersey wrongful death lawyers work closely with a team of medical experts and investigators who can help us build a strong case on your behalf.

What Damages Are Available?

No amount of money could ever make up for the loss of a loved one, but filing a wrongful death lawsuit can help you recover the compensation you need to cover the costs of funeral and burial expenses, medical bills, and other losses. It can also help you hold the at-fault party accountable for their negligent, reckless, or wrongful actions.

In New Jersey, surviving family members may be able to recover compensation for:

• Funeral and burial expenses
• Medical bills
• Lost wages, benefits, and other income
• Lost inheritance
• Pain and suffering
• Loss of consortium/loss of companionship
• Emotional distress
• Lost household services

At Simonson Goodman Platzer PC, we understand that no amount of money could ever make up for the loss of your loved one. However, we believe you should not suffer financially because of someone else’s negligence. Our wrongful death lawyers can help you seek the full, fair recovery you are owed.

Should I Accept a Settlement Offer?

Most wrongful death cases are resolved through a settlement, which is an out-of-court agreement between the surviving family members and the at-fault party and/or their insurance company. In a wrongful death settlement, the surviving family members agree to drop their lawsuit in exchange for a certain amount of money.

Settling a wrongful death case can provide several benefits, including a faster resolution and less stress and hassle for the surviving family members. However, accepting a settlement offer too early or without the help of an experienced wrongful death attorney can be a big mistake.

Insurance companies are not on your side and will do everything possible to minimize their liability. They often try to get you to accept a settlement far less than what you are owed.

Our New Jersey wrongful death lawyers can help you navigate the settlement process and fight for the maximum recovery you are owed. We are skilled negotiators and will work diligently to secure your best settlement offer. If the insurance company refuses to offer a fair settlement, we are not afraid to take your case to trial and fight for you in court.

Statute of Limitations for Wrongful Death Claims in New Jersey

Every state has a statute of limitations on wrongful death claims. A “statute of limitations” is a legal term that refers to a law that sets a strict deadline for filing a lawsuit. If you try to file a wrongful death lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case, and you will lose your right to recover compensation.

In New Jersey, the statute of limitations on wrongful death claims is two years from the date of the decedent’s death. However, there are certain situations in which the statute of limitations may be “toll” (paused) or extended. It is best to consult with an experienced wrongful death attorney in New Jersey as soon as possible to ensure you do not miss any critical deadlines.

The Process of Filing a Wrongful Death Claim in New Jersey

Understanding the process of filing a wrongful death claim in New Jersey is crucial for protecting your rights. The process typically begins with gathering evidence and documentation relevant to the claim. This includes medical records, accident reports, and any other evidence that can demonstrate the wrongful act that led to the decedent's death. Compiling everything meticulously is vital, as this will be foundational in building a strong claim.

Once the evidence is gathered, the next step is to file the claim with the appropriate New Jersey court. This involves preparing a complaint outlining the parties involved, the events leading to the wrongful death, and the damages sought. The claim must be filed within the statute of limitations, typically two years from New Jersey's death date. After filing, the discovery process begins, where both parties exchange information and build their respective cases. Having experienced legal guidance is invaluable during this phase to anticipate defenses and advocate for full compensation.

Common Challenges in Wrongful Death Claims in New Jersey

Many families face challenges when pursuing wrongful death claims in New Jersey. One major obstacle is proving negligence, which requires detailed evidence and reliable witness testimony. Insurance companies and defendants frequently challenge these claims, often arguing that the decedent's actions contributed to their death. Such complexities highlight the importance of a thorough investigative process led by skilled attorneys who can counteract these arguments and present compelling evidence.

Another challenge is calculating the appropriate damages. This involves more than assessing tangible costs like funeral expenses and medical bills; it also involves loss of companionship, potential future earnings, and emotional suffering. Accurate calculation requires economic and actuarial expertise to project financial loss adequately. Engaging with professionals who can illustrate the long-term impact on a family’s financial and emotional well-being strengthens the claim and substantiates the compensation sought.

Contact Our New Jersey Wrongful Death Attorneys Today

If you have lost a loved one in an accident or due to someone else’s negligence, you may be able to file a wrongful death claim. We understand that no amount of money can ever make up for the loss of a loved one, but filing a lawsuit can help you get the justice and closure you deserve. It can also help you recover the financial compensation you need to cover the costs of your loved one’s final medical bills, funeral and burial expenses, lost wages, and more.

Our New Jersey wrongful death lawyers are here to help you every step of the way. We have a long track record of success in complex, high-stakes wrongful death cases and know what it takes to win. You can rely on us to provide you with the personalized, compassionate legal representation you deserve. We are available to answer your questions and address your concerns 24/7 and are prepared to fight for you.

Don’t wait to take legal action. Speak with our experienced New Jersey wrongful death lawyers today. We’re ready to fight for you and your family. Call now to get started!

Frequently Asked Questions About Wrongful Deaths in New Jersey

What Is the Difference Between a Wrongful Death Claim & a Survival Action?

A wrongful death claim in New Jersey seeks to recover damages suffered by family members who were financially or emotionally dependent on the deceased. In contrast, a survival action continues the decedent's rights to compensation for pain, suffering, and economic losses incurred before death. This legal distinction allows separate claims for loss, pain and suffering, ensuring comprehensive compensation. Both claims can be pursued simultaneously, leveraging different legal theories to maximize justice for the dependents and estate of the deceased. Consulting an attorney familiar with New Jersey statutes can help understand and pursue both claims effectively.

How Long Does It Typically Take to Resolve a Wrongful Death Claim in New Jersey?

The timeline for resolving a wrongful death claim in New Jersey can vary significantly based on the case's complexity and the parties' willingness to settle. On average, these claims can take several months to a few years to resolve. The discovery phase, negotiation with insurance companies, potential court filings, and trial preparations contribute to the timeline. Claims with robust and clear evidence may conclude more swiftly through settlement, while contentious cases might proceed to trial, extending the resolution period significantly. Patience and persistence, paired with experienced legal representation, can influence a favorable and timely outcome.

What Are the Steps to Prove a Wrongful Death Claim in New Jersey?

Proving a wrongful death claim in New Jersey involves several key steps. Initially, the claimant must demonstrate that the defendant owed a duty of care to the deceased. Establishing that this duty was breached through negligent or intentional actions is essential. Furthermore, a direct causal link between this breach and the death must be proven, supported by substantial evidence such as medical records, eyewitness accounts, and expert testimonies. These elements collectively form the burden of proof, necessitating meticulous legal preparation and skilled argumentation during settlement negotiations and potential court proceedings.

Why Is Legal Representation Crucial in Wrongful Death Claims?

Engaging legal representation in wrongful death claims is crucial due to the complexities of proving fault and navigating the legal system. An attorney helps gather compelling evidence, understand legal nuances, and counter defense strategies effectively. Experienced lawyers negotiate with insurance companies, advocating for maximum compensation while reducing client stress. Their in-depth knowledge of New Jersey's legal landscape and procedural requirements ensures deadlines are met and claims are comprehensive, improving the chances of a favorable outcome. Thus, their role is instrumental in achieving justice and securing financial security for those left behind.