The death of a loved one is always life-altering, but the trauma can be even more severe when someone’s negligent or wrongful conduct is the cause of the death. Aside from the emotional distress you’re suffering, you can also be dealing with funeral expenses and other losses that leave you with mounting bills. At Wapner Newman, our Trenton wrongful death lawyers can help you file a claim against the liable parties.
A wrongful death is one that occurs because of someone’s reckless, careless, or deliberate actions. Although you can file a wrongful death claim if the person was murdered and there’s a criminal trial pending, most of these claims occur after the accidental death of a person. If you’re dealing with this tragedy right now, legal representation is vital.
Contact Wapner Newman at (215) 569-0900 to speak with a Trenton wrongful death attorney.
Why Choose Us?
How Our Team of New Jersey Wrongful Death Lawyers Can Help
At Wapner Newman, our team of lawyers has decades of experience helping people throughout the state recover losses after the wrongful death of a loved one. We treat each of our clients with compassion and respect, ensuring they have the support they deserve throughout the claims process. You will always be more than just another case for us. To provide the right level of support, we will assess your claim and begin investigating the conduct that led to the person’s death.
Because we have experience negotiating with insurance companies, we aggressively fight to win you the settlement you need. We don’t shy away from litigating in court, however, if that can earn you the maximum compensation possible. With our team of dedicated and experienced lawyers helping you, you can focus on mourning while we take care of the legalities.
Wapner Newman has recently helped a client recover $15 million in a wrongful death claim involving a failure to provide medical emergency services.
Understanding Wrongful Death Claims
One simple way of looking at a wrongful death claim is to think of it as a personal injury claim for someone who can no longer file it for themselves. In other words, if the person would have been able to file a claim and recover damages had they lived, filing a wrongful death claim is possible.
Some states allow relatives to file a wrongful death claim, but not New Jersey. In New Jersey, only the executor or administrator of the decedent’s estate can do so. If the person didn’t have a will or any kind of estate plan in place, the court can appoint a representative. The beneficiaries of the claim are close family members who were financially dependent on the deceased at the time of the death. These can include:
- Spouse
- Children
- Siblings
- Grandchildren
- Parents
- Nieces or nephews.
Damages from a claim are distributed to dependents regardless of living arrangements or wills. This means that any dependent, even if they’ve been left out of the decedent’s will, can receive compensation from a wrongful death claim. As with the majority of New Jersey personal injury claims, you have a time limit called the statute of limitations. For a wrongful death claim, you have two years from the moment of the person’s death to file. To ensure that you don’t miss the deadline, you need to contact a Trenton wrongful death attorney.
An important part of a wrongful death claim is to establish liability. Most of the time, this means proving that negligence occurred. As the plaintiff, it falls on you to show that the defendant owed your loved one a duty of care and that they breached it. For example, if your loved one died as a result of a collision with a drunk driver, proving the breach can be relatively simple. Anyone who gets behind the wheel of a vehicle owes others on the road the responsibility to drive safely and obey all traffic laws. Driving while intoxicated breaches that duty.
You then have to show that the defendant’s conduct led directly to your loved one’s death and that your loved one would have been able to be compensated for any injuries they sustained had they lived.
Most Common Causes of Trenton Wrongful Deaths
Wrongful deaths can occur for a number of reasons, but some accidents more commonly result in deaths than others.
Vehicular Collisions
Motor vehicle accidents cause a significant number of deaths each year throughout the country. If a driver was driving while intoxicated, distracted, or fatigued, or if they were being reckless or aggressive, they weren’t obeying traffic laws and can be held liable. Collisions aren’t always due to driver error, however. Sometimes, car parts fail or road conditions are so bad that the driver loses control of their vehicle. In those instances, third parties like manufacturers and government entities can be liable.
Medical Malpractice
If a medical professional doesn’t offer the appropriate level of care when performing procedures or diagnosing patients, errors can be fatal. Medical malpractice that results in death can include:
- Delayed diagnoses
- Emergency room errors
- Surgical injuries
- Prescription errors
- Misdiagnoses
- Medical equipment malfunctions.
For these claims, you will have to show that any other reasonably competent medical professional wouldn’t have committed the same errors that resulted in your loved one’s death.
Product Malfunctions
Manufacturers, designers, and sellers have a responsibility to provide products that are reasonably safe for consumers. If they create a product that has design flaws or manufacturing issues, or if they don’t provide adequate warnings, these parties can be liable for the injuries the products cause.
When dealing with product malfunctions, you don’t have to demonstrate negligence. You do have to show that the product didn’t work as it should have and that the malfunction resulted in your loved one’s death.
Work-Related Accidents
If your loved one was exposed to toxic substances or suffered fatal injuries because of equipment malfunctions, you can file a claim against liable third parties. These cases tend to be complicated because of workers’ compensation regulations, so the best option is to hire wrongful death attorneys to help you.
Slip and Fall Accidents
Property owners have a responsibility to keep their premises safe for visitors. If they don’t and your loved one slipped or tripped and fell, resulting in injuries that led to their death, you can hold them liable.
Available Damages in Wrongful Death Claims
Claiming Economic and Non-Economic Losses
A wrongful death claim allows family members to claim economic and non-economic damages. Economic damages are losses that are financial in nature. They include any medical expenses that resulted from the care your loved one received before their death as well as funeral expenses and loss of financial support.
Non-economic damages compensate you for non-financial losses, including the loss of care and companionship that you’ve sustained. Keep in mind that you can’t recover damages for emotional distress in a wrongful death case.
Wrongful Death FAQs
If you’ve lost a loved one because of someone’s negligent or wrongful conduct, you may not know what to expect from the process. Our team of New Jersey wrongful death attorneys can offer guidance.
Who’s eligible to file a wrongful death claim?
In New Jersey, only the executor or personal representative of the deceased person’s estate can file a wrongful death claim. If the decedent didn’t leave a will or establish an executor, the court can appoint a representative.
Should I hire a wrongful death lawyer to file a claim?
Filing a wrongful death claim is not a simple process, so you want to have experienced representation by your side as you do so. Attorneys will know how to negotiate with insurance companies to help you receive fair compensation. If necessary, they can also take your case to court and litigate it in front of a judge. That’s not something you ever want to do on your own.
Can I claim compensation for emotional distress?
No, New Jersey doesn’t allow you to get compensation for emotional distress via a wrongful death claim. You may, however, be able to file another claim if you were present when your loved one died or while they were suffering. Speak with a wrongful death lawyer to see if you’re eligible.
How long do I have to file a wrongful death claim?
You have up to two years from the moment of your loved one’s death to file a claim. Because the process is long, you want to file as quickly as possible.
To get more answers to any questions or concerns you have, contact Wapner Newman to speak with experienced Trenton wrongful death lawyers.
Trust Wapner Newman’s Team of Lawyers
After the wrongful death of a loved one, you have the chance to recoup losses to make the aftermath of this traumatic experience a bit easier on you. At Wapner Newman, we have more than 40 years of experience helping clients through these difficult moments in their lives. We can help you, too.
Schedule a free consultation with one of our Trenton wrongful death attorneys by calling Wapner Newman at (215) 569-0900.