Personal Injury Lawyer East Orange, NJ
Based on New Jersey law, a wrongful death is when someone’s life is taken away due to the deliberate, reckless, or careless actions of another. Wrongful death can entail murder, and you may bring forward a lawsuit even if there is a criminal case currently pending. But more often, wrongful deaths are the cause of incidents that could have been prevented if a person, business, or organization were being reasonably careful and responsible. If you suspect that your loved one’s life was taken before their time because of the fault of another, then now is the time to speak with our team at the Law Offices of David A. DiBrigida about a potential case. David DiBrigida understands the complex nature of wrongful death cases. Our East Orange, NJ personal injury lawyer is ready to offer empathetic and strategic legal support during this very difficult time.
Wrongful Death Incidents
Almost any type of incident can result in a wrongful death. But most commonly, wrongful deaths include car accidents, motorcycle accidents, truck accidents, workplace accidents, medical practice, defective products, bicycle accidents, lack of security of a premises, and occupational exposure to asbestos or toxins. After the Unexpected death of a loved one, families may be too immersed in their grief and shock to consider pursuing monetary compensation for what happened. However, medical bills, funeral expenses, and living costs may begin to pile up quickly. If the person who passed away was the one supporting the family financially, then the family may be in even more need of compensation. You should not have to suffer financially during your grieving.
Financial Retribution and Justice
We understand that even if your wrongful death case is successful and you receive compensation, we know that no amount of money can bring back your cherished person. We greatly empathize with the fact that your family is now going to be impacted for future generations to come. Our dedicated personal injury attorney takes these cases seriously and is aware of the complicated nature of when someone’s life is taken too soon due to an at fault party. Many surviving family members feel a sense of retribution and justice when they are able to hold the offender accountable in the court of law.
Law Offices of David A. DiBrigida
If you recently lost a cherished person and suspect that another party is responsible, then it is worth speaking with our NJ personal injury attorney about possibly filing a case. Your family does not deserve to suffer financially, especially during a period of immense grief. Let David A. DiBrigida consult with you today and let you know if the situation has grounds for taking legal action. And if so, then he can guide you through the next steps in holding the offender accountable. At the Law Offices of David A. DiBrigida, victims of wrongful death and their surviving family member are the top priority. Please reach out today to at least know what your options are moving forward.
Steps To Take When Filing A Wrongful Death Claim
Our compassionate East Orange, NJ personal injury lawyer knows that losing a loved one due to someone else’s negligence is a devastating experience. While no legal action can replace what has been lost, filing a wrongful death claim can help provide financial relief and hold the responsible party accountable. In New Jersey, there are specific steps we can take to file a claim and pursue compensation for the loss. Call us when you are ready to talk–we offer 24/7 call answering.
Determining Eligibility to File a Claim
In New Jersey, only certain individuals can file a wrongful death claim. Generally, this is done by the personal representative of the deceased’s estate on behalf of the surviving family members. These individuals often include spouses, children, and sometimes parents or other dependents.
It’s important to understand how the law prioritizes who can recover damages and for what purposes. For example, damages may cover financial losses suffered by dependents, including loss of income, companionship, and funeral expenses. The estate representative plays a crucial role in initiating the claim and gathering the necessary information to proceed.
Establishing Liability
For a wrongful death claim to succeed, we need to show that the death was caused by the negligent or wrongful actions of another party. This involves gathering evidence to prove liability. Examples of situations that can lead to wrongful death claims include car accidents, medical malpractice, workplace incidents, or dangerous property conditions.
Our personal injury lawyer in East Orange knows that key evidence might include police reports, medical records, witness statements, and, in some cases, expert opinions. Establishing a clear link between the responsible party’s actions and the death is essential in building a strong case.
Filing the Claim Within the Deadline
New Jersey has a strict statute of limitations for wrongful death claims. Generally, we must file the claim within two years of the date of the death. Missing this deadline can result in losing the right to pursue compensation, regardless of the circumstances.
It’s important to begin the process as soon as possible to allow time for gathering evidence, consulting with legal and medical professionals, and completing the necessary paperwork. Acting promptly gives us the best chance to build a thorough and persuasive case.
Calculating Damages
When filing a wrongful death claim, we need to determine the full extent of damages. In New Jersey, this can include economic losses such as medical expenses incurred before the death, funeral and burial costs, and the lost income the deceased would have provided. Additionally, family members may seek compensation for the loss of care, guidance, and support they relied on from their loved one. Although pain and suffering damages are not awarded directly to family members in New Jersey wrongful death claims, they may be recoverable through a related survival action brought by the estate.
Advocating for Justice
Wrongful death claims are often contested, with defendants and insurance companies working to minimize liability or reduce the amount of compensation paid. Having a clear strategy, strong evidence, and a focus on the facts are crucial in presenting a persuasive case. At the Law Offices of David A. DiBrigida, we are committed to helping families pursue justice after the loss of a loved one. If you need assistance filing a wrongful death claim in New Jersey, contact us today for a consultation. We’ll work with you to address your legal concerns and seek the compensation you deserve. We have been serving New Jersey for over 30 years, so trust us with your case. When you are ready, reach out to our East Orange personal injury lawyer.
7 Common Personal Injury Cases
At the Law Offices of David A. DiBrigida, we handle a wide range of personal injury claims. Below, we’ve outlined seven common types of cases to help you understand the variety of situations in which you may be eligible to file an injury claim or lawsuit.
1. Car Accidents
Car accidents are among the most frequent causes of personal injury claims. Whether it’s a rear-end collision, a T-bone accident, or a multi-car pileup, victims often suffer injuries ranging from whiplash to broken bones. These cases typically involve proving that another driver’s negligence caused the accident and your injuries.
2. Slip And Fall Accidents
Property owners are responsible for maintaining safe premises. When someone slips on a wet floor, trips over uneven pavement, or falls due to poor lighting, the property owner may be held liable. Slip and fall cases often hinge on whether the owner knew or should have known about the hazard.
3. Medical Malpractice
When healthcare providers fail to meet the standard of care, patients can suffer serious harm. Medical malpractice claims might involve misdiagnosis, surgical errors, or medication mistakes. These cases require a thorough review of medical records and expert testimony to establish liability.
4. Workplace Accidents
Workplace injuries are common in industries like construction, manufacturing, and transportation. While workers’ compensation often covers these incidents, some cases may involve third-party claims against equipment manufacturers, contractors, or other parties. Our East Orange personal injury lawyer is here to walk you through all your options.
5. Product Liability
Defective products can cause significant injuries. Whether it’s a faulty appliance, unsafe medication, or a dangerous vehicle component, manufacturers and distributors may be held accountable for harm caused by their products. Product liability claims often involve proving that a defect existed and directly caused the injury.
6. Dog Bites
Dog owners are generally responsible for injuries caused by their pets. Victims of dog bites may face medical bills, emotional trauma, and even long-term scarring. These cases often depend on the state’s specific laws regarding liability and whether the dog had a history of aggression.
7. Bicycle And Pedestrian Accidents
Bicyclists and pedestrians are particularly vulnerable to injuries when struck by vehicles. These accidents often result in serious harm, including fractures, head injuries, and spinal damage. In many cases, the driver’s failure to yield, speeding, or distracted driving plays a role.
Choose The Right Legal Support
Personal injury cases require careful attention to detail and a clear understanding of the law. If you’ve been injured, working with our East Orange personal injury lawyer can help you pursue the compensation you deserve. At our firm, we’ve helped countless clients in situations like these.
Don’t think about filing a personal injury claim as seeking revenge against the at-fault party. Think of it as seeking justice for yourself. Even if the negligent party made a genuine mistake, holding them accountable can help you get the funds you need to support your recovery and encourage them to act with more intention and safety in the future.
If you or a loved one has been injured due to someone else’s actions, contact the Law Offices of David A. DiBrigida. We’ve been proudly serving injury clients throughout New Jersey for over 30 years, and we’re here to help you understand your legal options. Call us today to schedule a free consultation. Spanish-speaking services are available.
