Wrongful Death Attorney New Jersey

Wrongful Death Attorney New Jersey

Losing a loved one is often one of the most painful and difficult experiences that most people will go through in their lives. The trauma from the loss can be substantially worse when a death is the result of another person’s negligence. These deaths can happen in a variety of different settings. According to the Centers for Disease Control, there are roughly 227,000 unintentional injury deaths every year in the United States. Over 100,000 of these deaths are the result of unintentional poisoning. Unintentional falls and motor vehicle accidents each cause roughly 44,000 deaths per year.

Seeking the guidance of an experienced wrongful death attorney can be crucial after losing a loved one due to negligence. At Beninato & Matrafajlo, our team of highly experienced New Jersey wrongful death attorneys is committed to helping families get the support and justice that they are entitled to under the law. We are dedicated to handling every claim with the compassion and care necessary to achieve the very best outcomes for our clients. There is absolutely no risk to having our attorneys examine the unique facts of your case and let you know if you have a claim that can be pursued. You can reach out to us anytime for a risk-free consultation at 908-355-7100.

What is Considered a Wrongful Death in New Jersey?

Wrongful deaths are defined through N.J.S.A. 2A:31-1 to 2A:31-6. According to the statute, a wrongful death occurs when a person is killed by a wrongful act, neglect, or default of another person or entity. There are many different actions that could result in a wrongful death claim.

  • Medical malpractice: Deaths due to medical errors remain remarkably common. One study in the National Institutes of Health estimated that medical errors are the third leading cause of death in the United States.
  • Car accidents: Car accidents are another leading cause of preventable injury and death. These accidents tend to occur at intersections, particularly when drivers are making left-hand turns.
  • Pedestrian and Bicycle Accidents: Pedestrians and bicyclists lack the protection of enclosed vehicles. They are therefore more likely to be seriously injured or killed in the event of a crash.
  • Truck accidents: A fully loaded commercial truck can weigh 80,000 pounds. Even a low-impact collision can result in a fatality. The IIHS estimates that 4,764 people died in truck accidents across the U.S. in 2022 alone.
  • Bus accidents: Buses are typically very safe for their passengers. But they have a high center of gravity, which can lead to them rolling over in the event of a crash.
  • Plane crashes: The vast majority of fatalities involving plane crashes occur in private aviation with smaller aircraft. In particular, most accidents take place during takeoff or landing.
  • Workplace accidents: According to the Bureau of Labor Statistics, there were 5283 fatal workplace accidents recorded in the United States in 2023.
  • Defective products: A wrongful death may be the result of a defective product. This could include devices that contain lithium-ion batteries that result in a fire.
  • Exposure to Toxic Substances: Long-term exposure to toxic substances, such as asbestos and forever chemicals, may result in a person developing cancer and other serious illnesses.
  • Dangerous conditions on a property: A dangerous condition on someone’s property could also potentially result in a death. This may include situations where appliances malfunction and leak carbon monoxide throughout a building.
  • Criminal Acts: A wrongful death may also be the result of the criminal actions of another person. For example, a business like a hotel may have taken insufficient measures to protect guests from a stabbing or shooting.

Wrongful death claims differ substantially from criminal cases. Criminal cases are primarily conducted to punish an offender through incarceration or other measures. By contrast, wrongful death claims are primarily focused on ensuring that surviving family members are provided financial relief for the death of their loved one.

Understanding the New Jersey Wrongful Death Act

Surviving family members are able to pursue a wrongful death claim through New Jersey’s Wrongful Death Act. The law allows family members to seek compensation when their loved one dies. There are several points related to the statute that people should keep in mind.

  • Eligibility: Typically, only close relatives are able to pursue claims through the statute. This will include the surviving spouse of the decedent. It will also include their children. Sometimes parents can bring a claim. When there are no immediate family members available to pursue a claim, more distant relatives may be able to if they were financially dependent on the decedent.
  • Distribution: Damages awarded through a wrongful death claim are typically bound by inheritance laws within the state of New Jersey.
  • Burden of Proof: In order to win a wrongful death claim, plaintiffs must show that the death was caused by some type of wrongful act, neglect, or default.
  • Damages: There are numerous types of damages available in wrongful death claims. This includes damages due to a loss of financial support, burial expenses, and a loss of companionship.

Family members are not able to recover damages for pain and suffering through the Wrongful Death Act. However, this may be possible through a separate survival action. A survival action is a type of claim that is brought on behalf of the estate of the decedent by an executor or administrator of the estate.

Statute of Limitations for New Jersey Wrongful Death Claims

There are statutes of limitations for bringing wrongful death claims in the state of New Jersey. As a general rule of thumb, wrongful death claims must be brought within two years of the date of death. But there are important exceptions that could potentially shorten or increase this time period. For example, wrongful death claims against public entities like a city must be pursued within 90 days following a death. When the plaintiff is a minor, the statute of limitations will typically extend two years past the date of their 18th birthday. Failing to act within the statute of limitations can result in a person losing their right to pursue a claim.

Compensation Available Through a New Jersey Wrongful Death Lawsuit

There are numerous forms of compensation available through a wrongful death claim in New Jersey. They will typically fall into a couple of different categories.

  • Loss of Financial Support: Compensation is available for all of the financial help that the deceased would have provided in the event that they survived. This will normally include wages, benefits, and other forms of material support.
  • Loss of Services: Compensation is also available for all of the services that a deceased person would have provided. Examples of services can include childcare, home maintenance, and cooking.
  • Loss of Companionship: Family members are also entitled to compensation for all of the non-tangible support that they will miss out on as a result of the wrongful death. This includes financial compensation for the loss of love, companionship, guidance, and support that the deceased would have provided.
  • Medical Expenses: Family members can be reimbursed for all of the medical bills related to the injury or illness that contributed to the death of their loved one.
  • Funeral Expenses: Courts can also award reasonable costs related to the funeral, burial, or cremation of a person’s remains.

There is not a strict formula for the value of intangible losses incurred through a wrongful death. The amount of compensation that any person or family will receive is typically very much dependent on the skill and experience of the attorney who is pursuing their claim.

How a Wrongful Death Attorney in New Jersey Can Help

Retaining a skilled wrongful death attorney can be enormously advantageous in a number of different circumstances. Among other things, attorneys can take steps to ensure that the rights of surviving family members are being protected. What follows are just a few of the other critical roles that attorneys perform.

  • Gathering Evidence: Attorneys can take steps to gather all of the essential pieces of evidence necessary to pursue a claim. This will include medical records, accident reports, and eyewitness testimony. Defendants are often unwilling to hand over critical pieces of evidence voluntarily. An attorney can subpoena important records and other evidence if this happens.
  • Calculating Damages: Attorneys can help assess all of the economic and non-economic damages that a family may be entitled to.
  • Negotiating With Insurance Providers: One of the most difficult aspects of pursuing any injury claim is negotiating with insurance providers. These providers will do everything in their power to avoid paying fair settlements. They also engage in numerous tricks and tactics to minimize payouts. Attorneys experienced in wrongful death claims understand these tactics and can negotiate with insurance providers to help achieve a favorable outcome.
  • Courtroom Representation: The vast majority of wrongful death claims settle out of court. However, if insurance providers are not willing to offer a fair settlement, attorneys can file a lawsuit and present a case before a jury.

Choosing an experienced wrongful death attorney in New Jersey can help improve the odds that your family will receive fair compensation following the death of a loved one. Perhaps one of the greatest advantages of hiring a New Jersey wrongful death attorney is that they work entirely off of a contingency fee basis. In other words, they don’t charge anything upfront, and they only get paid by the opposing party if they are able to successfully resolve a claim.

Steps to Take After a Wrongful Death in the State of New Jersey

There are several steps that family members should take in the aftermath of the wrongful death of their loved one. Taking these actions is an essential part of protecting a family’s finances and legal rights.

  • Collect Evidence: Gathering evidence is one of the most important precursors to pursuing a wrongful death claim. This will normally include accident reports, medical records, witness statements, photographs of the accident site, surveillance footage, and related documents.
  • Appoint Representative: Surviving family members will need to establish who will act as a representative for the decedent.
  • Seek Legal Guidance: It is important for family members to seek legal guidance early on. An attorney can take steps to ensure that evidence is properly preserved and that certain pitfalls are avoided.
  • Follow Deadlines: All of the above actions should be performed within the New Jersey statute of limitations. Failing to follow key deadlines can prevent plaintiffs from being able to pursue claims.

Though this isn’t a formal step in the legal process, it is still important that surviving family members take steps to protect their mental well-being. Ideally, this will include taking time to grieve with family and friends. Therapists and support groups can also prove to be enormously helpful in this regard.

Why You Should Choose Beninato & Matrafajlo for Your Wrongful Death Lawsuit

The attorneys at Beninato & Matrafajlo have extensive experience pursuing wrongful death litigation in New Jersey. They are committed to a compassionate and personal approach that puts the needs of survivors first. There are a number of reasons to hire our law firm to handle your wrongful death claim.

  • Proven Track Record: We have a proven track record of being able to recover high verdicts and settlements. In fact, our law firm has been able to recover over $100 million for accident victims and families across New Jersey.
  • No-Fee Guarantee: Our law firm does not charge anything upfront. We guarantee that you owe us nothing if we are not able to successfully resolve your case. All of our compensation comes from the opposing party.
  • Personal Touch: No two wrongful death cases are the same. One of the reasons our law firm has been so successful is that we give every case the personal attention and detail that it needs.
  • Strong Partnerships: Our law firm has strong relationships with some of the most experienced expert witnesses in numerous fields, including accident reconstruction, medicine, engineering, and finance. We leverage these experts to help maximize the value of the cases we pursue.
  • Aggressive Negotiation: We understand all of the tricks and tactics that insurance providers use in order to reduce the value of claims. The attorneys at Beninato & Matrafajlo will aggressively negotiate a fair outcome for your case. Our experienced litigators are prepared to take every case to trial if that is what is needed to get the best outcome.

Dealing with the death of a loved one is already hard enough. One of the key advantages to hiring our law firm is that we do everything within our power to take the stress out of the legal process. We will handle virtually everything related to pursuing a just outcome on your behalf.

It is important to act with a sense of urgency after any wrongful death. Despite the somewhat lengthy statute of limitations for most wrongful death claims, pursuing a claim early on can greatly improve the odds that a positive outcome will be achieved. Among other things, crucial pieces of evidence are more likely to become unavailable over longer periods.

If you have lost someone due to the negligent actions of a person or entity in New Jersey, you may have legal recourse. The New Jersey wrongful death attorneys at Beninato & Matrafajlo are here to help you. We are committed to helping accident victims get the support and justice that they are entitled to under the law. There is no case too large or too complex for us to handle. When you hire our law firm, you can rest assured that we will do everything in our power to hold the person or entity that harmed your family fully accountable for their actions. Whether you just have legal questions or would like a free, independent investigation into a particular event, we may be able to assist you. You are always welcome to contact us anytime at 908-355-7100.

This post is also available in ES.

Frequently Asked Questions

Immediate family members or appointed court representatives are typically able to bring wrongful death claims in the state of New Jersey.

The value of any wrongful death settlement can vary dramatically in New Jersey. But factors that are taken into consideration include the presence of lost wages, the age of the deceased, and the number of people who are financially dependent on them.

The length of time that it takes for any case to settle can vary a great deal. One of the key factors that can increase the time it takes for a case to settle is whether or not the defendant’s insurance policy is disputing liability.

As a general rule, compensatory damages through a civil claim are not taxable. But certain portions of a settlement could potentially create a tax liability. It is best to speak with a tax professional about the unique circumstances of your settlement.

Unintentional poisoning, motor vehicle accidents, falls, and medical errors are some of the leading causes of wrongful death claims in New Jersey.

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