Freehold Wrongful Death Lawyers
The emotional trauma from losing a loved one due to someone else’s negligence can feel devastating, overwhelming, and paralyzing. To seek justice for the pain and suffering you feel, you need a strong understanding of the legal rights and options available to you and your family. Let our experienced wrongful death lawyers at Lombardi & Lombardi, P.A. guide you through this challenging process.
What Is Considered a Wrongful Death Case in New Jersey?
New Jersey law counts it as a wrongful death when someone passes away due to another’s negligent action. Similar to personal injury claims, wrongful death cases allow surviving family members to seek compensation for fatal outcomes borne from negligence, which can include any of the following scenarios:
- Motor vehicle collisions caused by driver negligence, intoxication, or distraction
- Defective car components that contribute to fatal crashes
- Healthcare providers who fail to meet care standards and cause patient deaths
- Avoidable slips and falls on private property that cause fatal injury
- Dangerous working conditions, safety violations, and negligent supervision that cause deadly workplace accidents
- Falls, equipment malfunctions, and structural collapses on construction sites
Who Can File a Wrongful Death Lawsuit in Freehold?
Under New Jersey law, the personal representative of the deceased person’s estate must file wrongful death claims—typically, the executor named in the will or an administrator appointed by the court will serve in this role. The lawsuit generally represents the deceased’s dependents, including spouses and children of the deceased, parents who financially depended on their child, and other relatives, such as siblings, nieces, or nephews.
What Compensation Can You Recover in a Wrongful Death Case?
New Jersey’s Wrongful Death Act allows eligible survivors to seek compensation for financial losses resulting from their loved one’s death. While some states pay special attention to non-tangible injuries like pain and suffering, New Jersey law focuses specifically on tangible, economic damages.
Families may recover costs related to the deceased’s medical care before death and reasonable funeral and burial expenses, as well as the value of lost wages and benefits the deceased would have provided to dependents had they lived. Courts usually calculate these lost wages based on the deceased’s life expectancy and earning potential.
Bereaved loved ones can also file claims for the economic value of household services, childcare, guidance, and companionship the deceased would have provided.
What Is the Statute of Limitations for Filing a Wrongful Death Claim?
In New Jersey, plaintiffs must file wrongful death lawsuits within two years of the date of death. Unfortunately, if you miss this deadline, you may permanently forfeit the right to seek compensation via a wrongful death lawsuit. In certain cases, if you discover the connection between the death and someone else’s negligence after the fact, the two-year countdown might start upon that discovery date instead. Therefore, you will want to start building your case as soon as possible, as a strong lawsuit requires thorough investigation and evidence collection, which grows more difficult as time passes. Witnesses forget details, and physical evidence disappears.
How Does the New Jersey Wrongful Death Act Differ From Other States?
While New Jersey’s Wrongful Death Act compensates survivors for financial losses, New Jersey’s Survival Statute permits separate claims to recover damages for the deceased’s pain and suffering before their passing, as well as for any emotional distress inflicted if a loved one witnessed the death. Typically, an experienced lawyer will file a claim under the Wrongful Death Act and a claim under the Survival Statute together, as they often mutually support each other and make for a stronger, holistic case.
How Do You Prove Negligence in a Wrongful Death Case?
To successfully pursue a wrongful death claim, you must first establish that the defendant owed your loved one a duty of care. For example, drivers owe other motorists a duty to operate their vehicles safely, and doctors owe patients a duty to provide competent medical care within accepted standards.
Next, you must show that the at-fault defendant breached that duty through their actions or failure to act.
Third, you must prove a direct causal link between the defendant’s breach of duty and your loved one’s death. This step often requires detailed investigation and testimony from qualified professionals who can explain how the negligent action directly resulted in the fatal outcome.
Finally, you must document the financial losses suffered by the survivors, which will involve presenting thorough documentation of your medical bills, funeral expenses, and lost income.
The Wrongful Death Claim Process in Freehold
If you understand what to expect during a wrongful death claim, you can help ease the anxiety and concern that surrounds this already stressful period in your life.
Many wrongful death lawyers, such as those at Lombardi & Lombardi, P.A., offer free, no-obligation consultations to listen to your story, answer your questions, and evaluate your potential claim. If the team accepts your case, a strong lawyer will conduct a thorough investigation of the incident that led to your loved one’s wrongful death, gather accident reports, medical records, witness statements, and relevant opinions as evidence, and start building your strongest case.
Many wrongful death cases conclude through negotiation, but some proceed to trial. And you will need a wrongful death lawyer who knows the ins and outs of wrongful death litigation to act as an effective advocate before the judge and jury.
Why Choose Lombardi & Lombardi, P.A. for Your Wrongful Death Case?
Since 1975, Lombardi & Lombardi, P.A. has fought for justice on behalf of injured clients and families who have lost loved ones due to negligence. We bring decades of experience and a proven track record to every wrongful death case we handle, and we have recovered more than $800 million in verdicts and settlements for our clients.
No amount of money will replace your loved one. That is why our lawyers know how to provide compassionate representation and vigorously pursue the justice that you and your family deserve, while respecting the time that you need to grieve.
Find Legal Support and Justice With the Freehold Wrongful Death Lawyers at Lombardi & Lombardi, P.A.
Losing a loved one unexpectedly creates one of life’s most challenging experiences. While no legal action will bring them back, a strong wrongful death claim can help provide you and your loved ones with financial stability and a sense of justice. Trust our Freehold wrongful death lawyers at Lombardi & Lombardi, P.A. to dedicate themselves to helping you through this difficult process with skill, compassion, and determination. Call us at 732-906-1500 or fill out our online form for a free consultation. Our office locations in Brick, Freehold, and Edison, New Jersey, proudly serve clients across the state, including Point Pleasant.
