Wrongful Death Lawyer Toms River, NJ
A Toms River, NJ wrongful death lawyer understands that the loss of a loved one from an event other than natural causes is a deeply traumatic experience. It is normal to feel profound sadness, anxiety, and even anger – especially if the loss would not have occurred but for the negligent or intentionally wrongful conduct of an individual, business, or institution. Besides these already upsetting emotions, panic may creep in with regard to financial matters, especially if the lost loved one occupied the valuable role of a primary or co-equal income earner.
While nothing can undo the trauma of losing a loved one, New Jersey’s wrongful death law does offer survivors of a wrongful death victim the opportunity to seek financial compensation from those responsible for the wrongful death and its consequences.
Types of Deaths Considered Wrongful Under New Jersey Law
The word “wrongful” speaks to both moral and legal culpability for a breach of the duty of personal liberty and bodily integrity owed to all members of society. When this duty is breached so egregiously by intentionally wrongful conduct (e.g. physical violence) or negligence (e.g. drunk driving) that a death results, the death is “wrongful” because the conduct that caused it is wrongful, and that is when you should seek the help of a Toms River wrongful death lawyer. Specific examples of negligent or intentionally wrongful conduct that constitute a basis for wrongful death claims include:
- Assault and battery
- Elder abuse or neglect
- Fatal dog attacks
- Fatal car accidents
- Fatal truck accidents
- Fatal motorcycle accidents
- Fatal pedestrian accidents
- Fatal slip-and-fall accidents (premises liability)
- Medical malpractice
- Productive defects (e.g. automotive, industrial) that cause a fatality
Eligible Survivors of a Wrongful Death Victim
To be eligible to bring a wrongful death lawsuit for negligence or intentionally wrongful conduct, you must be included in the below class of survivors:
- Domestic partners
- Grandchildren (if parents are also deceased)
- Other minor children (e.g. stepchildren) who were financially dependent on the victim for at least 50% of their support
- Anyone else who would be entitled to the victim’s property under the state’s intestate succession laws (when someone dies without a will)
Understanding More About Wrongful Death Claims
After you have lost a loved one due to wrongful death, this is likely going to be one of the most difficult times you will ever go through. When this is the case, why would you not want legal help during such a challenging time? While you are likely going through the different emotional stages that accompany someone who loses a loved one, you may also suddenly realize the financial consequences of losing your loved one. If you depended on them financially every month for rent or bills or they were the reason you had food on the table, you may quickly understand just how great an impact this death has in all areas of your life. It is crucial you speak with a lawyer as quickly as possible to begin working on your case so that you can experience the closure you need and get compensated for the financial loss you have been dealing with.
I’ve heard of a Survival Statute. Is that just the same thing as the Wrongful Death Act?
Although similar, the two are not the same thing. The Survival Statute is intended to allow the decedent’s estate to pursue compensation for things like the pain and suffering that the decedent experienced before they passed. The Wrongful Death Act allows the decedent’s estate to pursue compensation for things like funeral and burial costs, medical bills, or other costs associated with the passing of the decedent.
How do I go about bringing this kind of claim forward?
Many wrongful death claims stop before they even begin. They can be complicated and the parties who are eligible for bringing these claims forward may be going through so much emotionally that it is difficult for them to pursue legal options like a wrongful death claim. This is why we urge you to speak with a lawyer as soon as possible. A lawyer can take much of the legal burden off of your shoulders and walk you through the process of filing a claim. You will typically have 2 years to file a wrongful death suit from the date of the decedent’s death.
We take pride in our ability to compassionately care for our clients and the difficult situations they are going through. This is not something you should feel burdened with. We would like to help bring your loved one to justice and take this enormous weight off of your shoulders. We will fight for compensation regarding things like funeral and burial costs, hospital bills, and any other out-of-pocket costs that are related to your loved one’s passing and death. We will also aggressively pursue compensation for any pain and suffering your loved one went through before they passed.
Contact Our Office At Your Earliest Convenience
There is nothing more important than family, and we believe in protecting the memories of our loved ones and getting justice for those who died too soon. When you are ready to take the next steps regarding your loved one’s wrongful death claim, do not hesitate to reach out to our legal team. We are ready to help you move forward.
Beginning the Wrongful Death Legal Process
If you have lost a loved one due to the negligent or reckless actions of another party, the first step is to contact a wrongful death lawyer. At DeNoia, Tambasco & Germann, we have been advocating for families of victims for almost four decades, working diligently to get the financial justice they deserve.
Our legal team will evaluate your case and determine what legal recourse you may have. It is critical to remember that a wrongful death must be filed within a specified window of time following a loved one’s passing, so do not delay in contacting our office. Call our office today to schedule a free and confidential consultation with a dedicated Toms River wrongful death lawyer and find out how we can help your family get the financial justice you deserve.