Though no amount of money can make up for the loss of a loved one, filing a wrongful death lawsuit can help you seek a measure of justice and compensation for funeral expenses, lost wages, spousal support, pain and suffering, and more.
At Eisbrouch Marsh, LLC, our wrongful death attorneys understand the overwhelming impact a sudden loss of life can have on the loved ones left behind. Our attorneys and staff pledge 100% commitment and compassion to you, as our client, in your time of need.
If your loved one has been killed as a result of someone else’s negligence or intentional act, call us today at 201-342-5545 for your free, no-obligation consultation.
Don’t delay. In New Jersey, the statute of limitations on a wrongful death claim is two years. It is important to talk to a lawyer as soon as possible if you believe you have the right to pursue a wrongful death claim; if you wait too long, you could be barred forever.
What Does “Wrongful Death” Mean?
Though the effects are devastating, the definition is simple: a wrongful death occurs when a person is killed through the wrongful acts of another person. A wrongful death can be caused by negligence, which is what the law calls it when someone is unacceptably careless or reckless, or by an intentional act.
Common types of wrongful death cases include:
- Auto accidents
- Medical malpractice
- Product liability accidents
- Accidents in the workplace
- Construction accidents
A wrongful death lawsuit can have two components: the wrongful death claim and the survival claim. The wrongful death claim is to compensate the family for its loss and the survival action is to compensate the estate for the injury and damages that the victim experienced as a result of the injury that caused death.
Who Is Eligible to File a Wrongful Death Claim?
Each state has its own laws determining who can bring a wrongful death lawsuit. In New Jersey, a wrongful death claim can be brought by the executor of the will or administrator of the estate of the deceased on behalf of the surviving family members.
Damages recovered in the wrongful death case may be distributed to surviving family members, such as the:
- Nieces or nephews
- Any person who was “actually dependent” on the deceased person
What Damages Are Available in a Wrongful Death Case?
A survival or survivorship claim represents the loss that the victim suffered before death. Because these are losses experienced personally by the victim, any recovery for the survival claim is distributed to the heirs, the same way as other property. Damages may include:
- Any conscious pain and suffering
- Medical bills
- Lost wages
- Other losses experienced directly by the deceased from the time of the injury until his or her death
The wrongful death claim represents the damages and loss experienced by the parents, children, or others with a special relationship to the victim. This portion of the damages can include economic damages, such as:
- Lost inheritance
- Lost wages
- Medical expenses
And it may include non-economic damages, such as:
- Loss of companionship
- Loss of support or household services
Will We Need to Go to Trial?
Although going through a trial is always a possibility, it is not always necessary. If you are entitled to an award, recovery can happen at any one of several stages of the litigation process.
- An early negotiation stage may involve settlement with the insurance companies for the at-fault parties.
- Once a lawsuit is filed, the parties participate in what is known as discovery, which is a fact-gathering stage. Often the discovery phase leads to a settlement.
- If no settlement is reached, the parties may go to trial.
A trial can be time-consuming and emotionally draining, but the NJ wrongful death attorneys at Eisbrouch Marsh can guide you through every stage of the process in the fight for justice for you and your family. We work with the experts you need — including in-house investigators and medical experts — to prove your claim.
How Can a Wrongful Death Attorney Help?
Each wrongful death case is special and will have its own precise facts that we must prove in order to recover compensation for your family. The circumstances and the relationships between the parties will also determine which parties can be heldaccountable and the amount of damages available.
An experienced wrongful death attorney can help you understand your rights to file a wrongful death claim and help you through every stage of the case.
For nearly three decades, the attorneys at Eisbrouch Marsh have been helping the families of the victims of wrongful death. We take the time to get to know you and understand how your lives have been turned upside down by the untimely loss of a loved one. We counsel you through this traumatic period in your life and help you move forward.
Call Eisbrouch Marsh, LLC for Help Today
At a time when you may feel helpless, we walk beside you to answer questions and help you succeed with your claim. Call us today at 201-342-5545 for a no-charge consultation about your case.
We welcome clients from Hackensack, Bergen County, Newark, Essex County and all nearby areas in New Jersey and New York.