Wrongful Death
A death in the family caused by another’s negligence, misconduct, or malice?
We are premier New Jersey attorneys experienced in wrongful death claims – Call us at (201) 798-8300
New Jersey defines a “wrongful death” as death “caused by default of another.” This applies to deaths occurring in many situations, for example, if someone else’s negligence or reckless actions causes an accident, or someone in authority fails to act appropriately or your physician deviates from accepted professional standards. The good news in a bad situation is that civil law offers a remedy to compensate the surviving family for what they have been deprived of, as well as for their financial loss and security. Understandably, this is not the first thing that grieving family members think about, and many are unaware that there may be relief available.
We are here to guide and support you through the wrongful death lawsuit process from initial injury to compensation.
At LoPiano Law, our experienced attorneys have helped many clients in a range of situations recover appropriate compensation in a timely manner. Many of our settlements produce multi-million dollar compensation for our clients.
WHAT IS WRONGFUL DEATH?
You may have heard the term “wrongful death” before but be unaware of the process involved. Wrongful death occurs in many situations. Wrongful death claims in a medical situation arise when a healthcare provider fails to meet the recognized standard of treatment and care, and the patient dies as a result.
In some cases, claims are brought when a person in a position of trust, such as a teacher or coach, has failed to adequately protect the victim. Other examples include death in auto accidents or as a result of defective buildings or products, from dangerous repairs or even criminal negligence or malice (regardless of guilt or innocence in any criminal proceedings). Government agencies can be responsible if they fail to supervise the public and someone is killed as a result. Generally speaking, if the circumstances would warrant a personal injury claim if the victim had survived the accident, then it will warrant a wrongful death claim if death occurs instead.
When this occurs, the law allows you to sue the person, entity or institution responsible for wrongful death, (with some statutory protections for certain institutions such as the police). The law is designed to compensate survivors for their financial, physical and emotional loss.
WE’VE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
At LoPiano Law, we will:
- take the burden of seeking compensation from your shoulders,
- treat you and your family with sensitivity and respect at a difficult time ,
- investigate the circumstances of your loved one’s death and gather evidence to support your claim,
- investigate possible defendants and all available insurance coverage,
- discuss your case with experts and build a strong case,
- handle all aspects of the preparation and filing of legal documents, in accordance with the Court’s rules and deadlines,
- pursue any third-party claims which arise from our investigations, and
- engage in continuous negotiation with the defendants’ attorneys and insurers to bring about either a satisfactory out-of-court settlement or to secure a verdict for you at trial.
THINK YOU HAVE A WRONGFUL DEATH CASE?
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How do you file a wrongful death claim in New Jersey?
Our New Jersey attorneys with experience in wrongful death claims provide the resources and guidance you need to understand your options and obtain rightful compensation in a timely manner. We can help you determine the next best step for your legal matter. We will investigate your case, advise you of your options under the law, and hold those responsible accountable for their negligence.
Typically, the executor of the deceased’s estate, or personal representative, will file a claim on behalf of the surviving family. As a general rule, the beneficiaries of the deceased are considered to be his/her spouse, children and grandchildren. In the absence of a spouse and/or offspring, then more remote beneficiaries may be considered such as surviving parents, siblings, nieces, nephews, any financial dependents or beneficiaries of the estate.
You may be entitled to claim damages for losses in several different categories resulting from the deceased’s death.
New Jersey law also allows surviving family members who suffered severe distress due to being present when the death occurred, to file a separate claim for negligent infliction of emotional distress, and seek damages.
Wrongful death cases are often complicated. They may take many months to come to trial. All aspects of the incident will be thoroughly investigated to uncover the facts, establish liability, and assess the losses suffered by the surviving family members.
We work on a contingency basis: we don’t get paid unless we obtain a victory for you. Constructing a solid case for the Plaintiff takes time, energy, and money. So, it is vitally important that you choose a medical malpractice lawyer in New Jersey who has adequate financial resources and experience to pursue your claim. As your lawyer, we will incur the costs of medical professionals and expert witnesses to prepare your case.
We will be negotiating with lawyers and experts retained by the defendants and their insurers. This process can be time-consuming and often contentious. You need dedicated and experienced professionals by your side. Above all you need compassionate and caring individuals who understand the tremendous loss you have suffered. Your job is to concentrate on your family during a time of grief and turmoil. Our job is to stand up and fight for you and insist that your rights are protected. You want to move on from this terrible incident. Our goal is to put you in the best possible position to heal by obtaining maximum compensation for your family.
THE STATUTE OF LIMITATIONS IN WRONGFUL DEATH CASES: DON’T DELAY!
Each state has a different statute of limitation which determines when legal action for medical malpractice can be brought. Each case is different and must be considered on its merits by an experienced professional. To preserve your rights, it is important to seek legal advice as soon as possible to ensure that you and your family are protected.
CONTACT LoPIANO LAW FIRM TODAY FOR FIRST CLASS REPRESENTATION
At LoPiano Law, our specialist attorneys have your back! We are your neighborhood lawyers with a statewide reputation for aggressive and tenacious representation. We will protect your rights and recover the compensation you and your family deserve.
To discuss your options during a free consultation, call (201) 798-8300 or send an email today.
We can meet with you virtually or in person at our office, at home, or in the hospital.
We speak English, Spanish, French, German, and Swedish.