New Jersey Wrongful Death Lawyer
Compassionate Accidental Death Attorney in Hamilton, NJ Works to Secure Compensation and Justice for Families with Wrongful Death Cases in Mercer County, Middlesex County, Ocean County, and Throughout NJ
Losing a loved one is a difficult experience for any family, but when a loved one’s death was caused by someone else’s negligent, reckless, or intentional actions, it can make your loss feel that much more devastating. You and your family deserve to hold those responsible for your loved one’s passing accountable. At Hartman Duff, LLC a New Jersey Wrongful Death Lawyer will work tirelessly to handle wrongful death claims so that you and your family can focus on grieving. Although no amount of money can replace what you’ve lost, that doesn’t stop our firm from aggressively pursuing maximum financial compensation from those whose actions ultimately caused your loved one’s passing.
Contact us today to set up a free case review to learn more about how our firm can pursue a wrongful death claim on behalf of your family.
What Constitutes Wrongful Death in New Jersey
New Jersey defines “wrongful death” as a death “caused by a wrongful act, neglect, or default of another”. In other words, “wrongful death” alleges that a person’s death was unlawfully caused by another person or entity. A death can be unlawfully caused if the deceased was intentionally killed or if they died as a result of negligent acts or omissions of another person or entity – such as a vehicle malfunction, elder or child abuse, or a defective medical device.
The conditions that caused the person’s death must be such that if the deceased person had lived, they would have been able to bring their own personal injury claim against the responsible parties for their injuries. A claim for wrongful death seeks compensation for two categories of damages:
- “Wrongful death” damages that are incurred by the deceased individual’s immediate family.
- “Survival” damages that have been incurred by the deceased individual and his or her estate.
Who Can File a Wrongful Death Claim in New Jersey
A wrongful death claim in New Jersey can be pursued on behalf of the deceased’s surviving family members. It is typically filed by the executor or personal representative of their estate. However, any damages recovered in the case are distributed to all surviving family members who were financially dependent on the deceased person at the time of death (or who are entitled to inherit from the deceased person pursuant to New Jersey’s inheritance laws).
Those who can receive a portion of a wrongful death award in New Jersey include:
- A surviving spouse
- Surviving children
- Surviving parents
- Any other blood relatives or adoptive siblings who were dependent, in whole or in part, on the deceased individual for financial support or other services
Damages That Are Available in a Wrongful Death Claim
In a wrongful death claim, the damages that can be recovered on behalf of the deceased and his or her estate will be determined by many factors. Courts in New Jersey will consider financial and emotional hardships, as well as any conscious pain and suffering experienced by the deceased before their passing. However, it is important to note that pain and suffering damages can only be recovered if a decedent actually experienced pain and suffering before his or her death.
Qualifying survivors of a deceased individual who can bring a wrongful death claim are eligible to receive monetary compensation for damages including medical expenses – such as those that were incurred to treat the deceased’s last injuries or illnesses, funeral expenses, loss of financial support, anticipated earnings, loss of benefits, emotional anguish, loss of companionship, and in some cases, punitive damages.
Contact Our Experienced New Jersey Wrongful Death Lawyer to Discuss Options Today
Wrongful death cases are not only difficult because of the financial and emotional hardships that you and your family face in the wake of your loss, but it is not uncommon to be unsure of how to file a wrongful death claim against the person or persons responsible for your loved one’s passing. At times like this, we at Hartman Duff, LLC do everything we can to protect you and your family.
If you lost a loved one due to the negligent, reckless, or wrongful acts of another party, let the dedicated New Jersey Wrongful Death Lawyer of Hartman Duff, LLC fight to get you and your family the financial compensation and justice that you deserve.
Contact our firm today to schedule a free, no-obligation consultation with an experienced New Jersey wrongful death lawyer to discuss your family’s legal rights and options.
Frequently Asked Questions About Wrongful Death in New Jersey
Yes. The Hartman Duff, LLC legal team has experience in wrongful death lawsuits. If your family believes that you might have a wrongful death claim in Mercer County, Burlington County, Somerset County, Middlesex County, and throughout New Jersey, please contact us today.
In New Jersey, wrongful death claims generally must be filed within two years of the victim’s death. Yet in some very specific circumstances, the statute of limitations may be extended – for example, if the party who initiates the lawsuit is a minor or is mentally disabled. Please contact Hartman Duff, LLC today so we can review the exact facts of your case and advise you of your legal rights in bringing a wrongful death claim
The length of time that any wrongful death claim will take can depend on several factors, including the strength of your case, the damages you and your family have suffered, and whether or not liability is an issue. If liability is not an issue in your case, it may be possible to settle within months. However, if the at-fault party contests liability and it becomes necessary to go to court, the length of the case will depend on the schedule of the court and whether or not the case goes all the way to trial – in which case, your claim can take up to two to three years.