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New Jersey Wrongful Death Lawyer

Wrongful death lawyerHundreds of thousands of people die in accidents and from preventable causes every year in the United States. According to the Centers for Disease Control, an estimated 227,000 people die from unintentional injury deaths. This includes falls, motor vehicle crashes, and unintentional poisonings. Many of these deaths involve some amount of negligence. When a person dies due to the negligent actions of another person or entity, their surviving family members are able to seek some measure of justice through a wrongful death claim.

The goal of a wrongful death claim is to hold the responsible parties accountable and obtain financial compensation for the victim’s surviving family members. Eligible family members who will be able to pursue wrongful death claims will typically include the decedent’s spouse, children, parents, siblings, and other dependents. If someone that you love has died due to negligence, the New Jersey wrongful death lawyers at Gersowitz Libo & Korek, P.C. are here to help you. They can evaluate the unique facts of your case and let you know what your legal options are. You can reach our law office anytime at 800-529-9997.

Common Causes of Wrongful Death Claims

A wrongful death can occur for a variety of different reasons. However, motor vehicle collisions continue to be a major source of wrongful death actions. According to the National Highway Traffic Safety Administration, “The agency estimates that 40,990 people died in motor vehicle traffic crashes in 2023, a decrease of about 3.6% as compared to 42,514 fatalities reported to have occurred in 2022.” There are a number of other incidents that could potentially give rise to a wrongful death claim.

  • Workplace Accidents: Workers are exposed to a variety of hazards in the workplace, including at construction sites and manufacturing plants. Most workplace fatalities involve falls, electrocutions, struck-by, caught-in / between incidents.
  • Defective Products: A faulty product can also cause a death. In particular, dangerous or defective drugs are blamed for many thousands of deaths every year.
  • Dangerous Premises: Accidental falls at a property can result in a head injury and death. Likewise, many wrongful death claims involve people who were attacked at businesses.
  • Aviation Accidents: Commercial aviation is typically very safe and results in very few deaths in any given year. Most deaths occur on smaller planes within civil aviation. The National Safety Council estimates that there were 358 civil aviation deaths in 2022.
  • Maritime Accidents: A number of deaths involve boat accidents. Roughly 75% of all boat accident deaths involve passengers who drowned after falling overboard.
  • Medical Malpractice: According to one scientific study, medical errors are responsible for almost 100,000 deaths every year in the United States. This can include instances where doctors fail to diagnose conditions or misdiagnose a person’s illness.

Losing a loved one can be a devastating experience, especially when the death is caused by the wrongful actions of another party. Deaths can be particularly traumatic for family members who were depending on them for support. In one instant, an entire family’s future can become uncertain. After any death, it is important for surviving family members to consider their options with an experienced wrongful death attorney.

Liability For New Jersey Wrongful Deaths

Pursuant to N.J.S.A. 2A:31-1, family members of the deceased are able to pursue claims when a death is caused by a “wrongful act, neglect or default.” For example, a driver may have committed a wrongful act by speeding. Or a property owner may have neglected to maintain their premises, which contributed to a death. Depending on the facts of any case, there could be numerous liable parties for any wrongful death in New Jersey.

  • Drivers: All drivers have a legal obligation to exercise due care in order to avoid causing accidents. When a driver fails to take reasonable measures in order to prevent accidents, they could be held at fault.
  • Truck Companies: Commercial trucks can weigh as much as 80,000 lbs, and even low-impact collisions can be catastrophic. When truck drivers are negligent, their employers could potentially be held at fault.
  • Bus Companies: Bus companies are considered “common carriers,” and their drivers are held to a high standard in terms of safety. They regularly navigate around pedestrians, and many of these encounters end in fatalities.
  • Property Owners: All property owners have a legal obligation to maintain their premises in a reasonably safe condition. When a dangerous condition on a property contributes to a death, this could form the basis of a negligence claim. For example, apartment owners may have failed to uphold fire safety codes.
  • Airlines: When a large aircraft crashes, the results can be absolutely catastrophic. An airline could be responsible for any plane crash that results in a death.
  • Product Manufactures: Companies that manufacture goods such as electronics, bicycles, vehicles, trucks, buses, planes, and medical devices could all possibly be liable if their product results in a death. In general, companies can be held strictly liable when they create products that are inherently defective.
  • Hospitals: Healthcare providers and hospitals can be liable for medical malpractice. Medical malpractice occurs when a patient is injured or killed by a doctor’s or hospital’s deviation from the applicable standard of care.

Accidents are typically very complex events, and the factors that could contribute to any incident could take place hours, days, or weeks beforehand. In addition to wrongful death claims, the executor or administrator of a person’s estate could also pursue a survival action. Effectively, a survival action allows a person’s estate to be compensated for the decedent’s pain and suffering before their death. For example, a decedent may have spent a month in the hospital before they died.

Damages Available For New Jersey Wrongful Death Claims

When a loved one dies due to the wrongful actions of another party, the surviving family members are entitled to various forms of compensation through a wrongful death claim. No amount of money can bring someone back from the dead. But the damages awarded in wrongful death claims can help surviving family members with the financial hardship and emotional trauma that will come with losing someone close. What follows are some of the damages available through a wrongful death claim.

  • Medical Expenses: People may incur large costs for medical treatment prior to their death. This includes hospital bills, medications, surgery costs, and emergency transportation.
  • Funeral and Burial Costs: Surviving families are entitled to costs associated with funeral services, burial, or the cremation of their loved ones.
  • Loss of Income: Compensation is available for the loss of the deceased’s expected future earnings, including their salary, wages, and bonuses.
  • Loss of Financial Support: Family members can seek aid for the financial support they were deprived of due to the wrongful death of their loved one. This can include money for education costs and other financial needs.
  • Loss of Companionship: When a person dies, their spouse and surviving family members are deprived of their care, companionship, guidance, and affection.
  • Loss of Consortium: Spouses are entitled to damages for their loss of marital benefits, including companionship, sexual relations, and emotional support.
  • Mental Suffering: The decedent’s family can seek aid for their emotional distress, grief, and mental suffering due to the wrongful death.
  • Punitive Damages: In rare cases, the defendant’s conduct may be so egregious that a court may award punitive damages in order to punish the defendant.

Every case is different, and the specific amount and types of damages awarded in a wrongful death claim can vary widely. But some of the following factors can help determine award amounts. For example, the age, health, and life expectancy of the deceased will be considered. Their earning potential and employment history will also be considered. Another important factor is the relationship between the survivors and the deceased.

Why You Should Hire A New Jersey Wrongful Death Attorney

It can be difficult to know where to begin after the death of a loved one. The grief from these losses is often compounded by the financial stressors of planning for a funeral and income loss. Pursuing a wrongful death claim can help provide surviving family members with the justice and financial compensation that they are owed. There are a number of reasons to hire a wrongful death attorney if someone you love has died due to negligence.

  • Thorough Investigation: A successful wrongful death claim requires that a comprehensive investigation be conducted. An attorney can conduct this investigation on your behalf in order to gather evidence, establish liability, and build a strong case. Experienced attorneys have access to resources and experts such as accident reconstruction specialists, medical professionals, and financial analysts who can provide key insights and testimony.
  • Expertise In Wrongful Death Laws: A wrongful death claim may involve complex legal principles that can be difficult to navigate without assistance. New Jersey wrongful death attorneys understand the nuances of the statutes at play and can ensure that your claim is pursued skillfully.
  • Negotiating With Insurance Companies: Virtually all wrongful death claims will require plaintiffs to negotiate with insurance providers. These companies are primarily concerned with keeping as much money as possible and thus paying victims as little as possible. Wrongful death attorneys understand the tactics that are used by insurance providers and are therefore able to counter them more effectively.
  • Maximizing Compensation: A wrongful death attorney will work diligently in order to pursue all of the potential damages available in your case. This includes both economic and non-economic damages. They will also pursue all liable parties. In any accident, there could be several liable parties with various degrees of responsibility for what took place.

One of the greatest benefits of hiring a wrongful death attorney is the financial arrangement that they work on. When you hire a wrongful death attorney, you don’t owe them any money up front. In fact, you never directly pay them any money throughout the entire legal process. They work entirely on a contingency-fee basis and only get paid by the opposing party if they are able to successfully resolve your case.

Getting Legal Help After A Death In New Jersey

Team AttorneysThe New Jersey wrongful death lawyers at Gersowitz Libo & Korek, P.C. understand how hard it can be to carry on after the death of a loved one. During such periods, navigating the complexities of a loved one’s death can feel overwhelming. Our legal team is committed to providing skilled and compassionate advocacy for surviving family members.

If someone that you love has died due to the negligence of another party, you may have legal recourse. Our team of wrongful death attorneys will do everything in their power to ensure that you get the most compensation possible. We’ve recovered over $1 billion for our clients, including a $3.65 million settlement for the family of a child killed by a falling tree branch in a New Jersey park. Whether you just have legal questions or need any type of assistance, we are here for you. You can reach out to us anytime at 800-529-9997.


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