A wrongful death claim is a lawsuit that arises when an individual is killed because of the conduct of another person. A wrongful death lawsuit is different from other types of personal injury claims because the actual victim (the “decedent”) is not the person bringing the lawsuit. Instead, a family member or representative of the decedent’s estate files the lawsuit under New Jersey’s Wrongful Death Act and Survival Statute.
At the law firm of Koles & Burke, LLP we help families pursue the legal remedies available to them after a wrongful death. The law provides for several types of actions. One is an action on behalf of the surviving family members of the decedent. The other is on behalf of the estate of the deceased for damages, injuries, and expenses prior to his or her death. Because the beneficiaries of the decedent’s estate are usually his or her family, these two different types of claims have the same benefit to survivors. They compensate the survivors for the loss of their loved one. Finally, it may be possible to file a separate tort action to recover compensation for emotional damages caused by the wrongful death.
For more information about wrongful death law, contact an experienced attorney for advice about your rights and options after the death of a loved one. In wrongful death and survivor actions, surviving families may be able to recover payment for losses such as:
The loss of income and financial support
The monetary value of guidance and care
The value of household services provided by the victim, such as cleaning, babysitting dependents, and other household duties
Hospital, medical, and funeral expenses of the victim
Our law firm builds strong cases for clients seeking relief from the financial losses caused by the death of their loved one. We use experts such as vocational specialists, economists, geriatric nurses, and others who can attest to the financial value of the loss. In the case of a parent whose child is killed, we have structured cases to recover the value of the care that the child would have provided to an elderly parent. In the case of children whose parent is killed, we build the claim around the care the parent provided the child.
A wrongful death can result from any accident that causes serious injury. Our lawyers have obtained settlements and verdicts for families who have lost a loved one because of:
An automobile accident
Truck accident involving tractor trailers or big rigs
The death of a loved one is a traumatic event, and the thought of initiating a legal proceeding to preserve your legal rights can be overwhelming. However, it is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations.
The attorneys at Koles & Burke, LLP understand the complexities and nuances of the law and have extensive experience in dealing with wrongful death cases. We are available to answer any questions you may have regarding the loss of your loved one. Contact us to schedule a free consultation on any accident cases.