New Jersey Wrongful Death Lawyers
Garces, Grabler & LeBrocq has represented many families where loved ones have unfortunately been the victim of wrongful death in the state of New Jersey. We have on numerous occasions assisted families with their wrongful death cases and obtained equitable, just and prompt settlements.
It is imperative to understand that in order to recover monetary compensation the death must be caused by another’s negligence. If the death was in fact caused by the negligence of another, the family has the right to be compensated for their losses.
You should not have to bear this burden alone. You deserve to recover compensation for your loss.
If your loved one died in an accident caused by negligence, you have the right to be compensated for your losses. Along with your grief, you may be dealing with severe financial strain as the losses and expenses mount. Don’t go it alone. Our compassionate wrongful death attorneys will pursue the maximum award for your damages.
What is Wrongful Death?
A wrongful death claim can be filed when one person’s death occurs as the result of the negligence, reckless behavior, or violent behavior of another individual or entity. It’s important to note that a wrongful death claim is a civil action, not a criminal prosecution by the state. It’s possible that both a civil wrongful death claim and a criminal charge could be brought against one person or entity. A wrongful death claim awards monetary damages to the victim’s family while guilty verdicts in a criminal case could result in the incarceration or probation of the defendant.
There are three main types of wrongful death claims:
1. Negligence: This is the most common type of wrongful death claim. It occurs when someone dies as a result of another person or entity’s failure to take reasonable care to avoid causing injury or death. For example, if a driver runs a red light and hits and kills a pedestrian, the driver may be found negligent in a wrongful death claim.
2. Recklessness: This type of wrongful death claim is similar to negligence, but the at-fault party’s actions are more egregious. To prove recklessness, it must be shown that the at-fault party knew their actions could result in death or serious injury but proceeded anyway. An example of recklessness would be if a drunk driver gets behind the wheel and kills someone in a car accident.
3. Intentional Actions: This type of wrongful death claim alleges that the at-fault party intentionally killed the victim. It’s important to note that this doesn’t necessarily mean that the at-fault party meant to kill the victim, but rather that their actions were so dangerous that death was a foreseeable consequence. An example of an intentional action would be if someone got into a fistfight and ended up killing the other person.
No matter what type of wrongful death claim is filed, the goal is to get justice for the victim and their family. monetary damages may be awarded in a wrongful death claim, but nothing can undo the tragedy of losing a loved one. If you have lost a loved one due to the negligence or recklessness of another, you deserve to have your voice heard.
Who Can File a Wrongful Death Lawsuit in New Jersey?
In New Jersey, the executor or administrator of the estate must file the claim. If the deceased person did not have a will, the representative of the estate will be appointed by the probate court.
The executor of the estate can file a wrongful death lawsuit on behalf of the following survivors:
- The surviving spouse
- The surviving children
- The parents of a deceased child
- The putative spouse (meaning the person that the deceased was engaged to be married to)
- The grandparent or grandchild of the deceased if they were financially dependent on the deceased person
A wrongful death lawsuit can seek compensation for the following:
- Funeral and burial expenses
- The loss of financial support that the deceased person provided
- The loss of love, companionship, and guidance that the deceased person provided
- The pain and suffering that the survivors have experienced because of the death
- Punitive damages, in some cases
If you have lost a loved one due to the negligence of another, you may be entitled to bring a wrongful death claim. An experienced New Jersey wrongful death attorney can help you understand your legal rights and options.
It is imperative to understand that in order to recover monetary compensation the death must be caused by another’s negligence. If the death was in fact caused by the negligence of another, the family has the right to be compensated for their losses. To speak with an experienced Personal Injury attorney immediately call our Toll-Free number 1–800–923–3456 or contact us to discuss your legal matter today.