Have You Lost A Loved One To Wrongful Death?
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Thousands of people are killed every year in the United States because of the negligent actions of another. These deaths are known as wrongful deaths and can occur due to medical malpractice, workplace negligence and a variety of other injustices. If another person or organization’s negligence caused a loved one’s death, you need a compassionate New Jersey wrongful death attorney. Contact Meirowitz & Wasserberg, LLP, for help and a free consultation on the specifics of your case and how to best proceed.
Who Can File A Wrongful Death Claim In New Jersey?
Wrongful death cases are not as straightforward as many personal injury cases are. The first aspect that becomes complicated is who is eligible to file a wrongful death claim. In most personal injury cases, the injured person files a claim him or herself. For obvious reasons, the victim in a wrongful death case is unable to file, so the court shifts the eligibility to someone else.
Under New Jersey law, the personal representative of the deceased person and his or her estate is usually the one who files the claim on behalf of the deceased person’s family. However, though the personal representative files, the court awards damages to the family. For more information regarding eligibility, speak with a New Jersey personal injury attorney experienced in wrongful death claims.
Who Can Receive Damages?
The court awards damages from wrongful death claims to family members who were dependent on the deceased person at the time of their death or who were going to inherit something from the deceased person if he or she had lived.
The people eligible to receive damages in a wrongful death case are the surviving spouse and children or grandchildren, surviving parents of the deceased, surviving siblings, nieces, or nephews, and anyone else who can prove to the court that he or she was dependent on the deceased person at the time of the loved one’s death. Usually, the surviving spouse or children will be the first ones to receive damages from the court. If there is no surviving spouse or child, the surviving parents of the deceased could receive damages. The court may only award siblings, nieces and nephews damages if the deceased person did not have any surviving parents. Consult a skilled New Jersey wrongful death attorney if you have any questions regarding who can receive damages in a wrongful death claim.
Potential Damages In New Jersey Wrongful Death Claims
The court could award damages to the family based on what the family lost when the loved one died. In most personal injury cases, the expenses for the physical injury are a substantial portion of the compensation. However, wrongful death damages focus more on the emotional and service-based losses that the family will suffer because of the person’s death.
In New Jersey, the court can award family members damages for loss of financial support that the family would have had if the person still lived. The number is based on the salary and compensation that the deceased person earned before his or her death. The court will also award damages based on how much companionship, care, comfort and guidance the family lost because of the death. The court includes household services such as cleaning, child care, and other chores in the damages it awards. Additionally, damages can include expenses that the family had for medical bills related to the final injury and death and the deceased person’s funeral and burial.
Seek Justice And Contact A Caring New Jersey Wrongful Death Lawyer
If you have a lost a loved one in New Jersey due to the negligence of another person or entity, you need an experienced attorney. Meirowitz & Wasserberg, LLP, can offer you determined and compassionate representation to help you and your family begin to recover from the wrongful death of your loved one. Contact Meirowitz & Wasserberg, LLP, for a free consultation and guidance about how to pursue your wrongful death claim.