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.
