If you or someone you love is facing a wrongful death charge or pursuing a wrongful death lawsuit, you need to know this is a civil matter opposed to a criminal matter. The end result will be a financial settlement, not a criminal conviction that would lead to jail time or a criminal record.
It is possible to be liable for someone’s death even though you haven’t been criminally charged with murder. This is true even when the death was caused by someone else’s criminal activity. For example, if a drunk driver gets into an accident and someone dies as a result, the state may choose to not file criminal charges against the driver. However, you can still attempt to hold the negligent driver responsible by filing a wrongful death claim in NJ.
It is important to note that while you may be compensated monetarily if you happen to win your civil wrongful death suit, the defendant will not have to go to jail. Instead, you will be awarded financial damages based on many factors. These include:
- Lost Income: If you were financially dependent on the person who was killed (your spouse, for example), you can ask a judge to award you money to cover lost income.
- Pain and suffering: Clearly, losing someone you love is an emotionally stressful time. You can ask for compensation to cover that pain and suffering you endure.
- Loss of companionship and/or consortium: If your spouse was killed, you can sue for compensation to cover loss of affection and sexual relations.
How to win a wrongful death lawsuit in New Jersey
It’s important to hire an experienced personal injury trial lawyer with a proven track record and lots of experience handling wrongful death lawsuits in NJ. Laws vary from state to state and there are statute of limitations that must be followed, call our office to find out if you are still able to file suit. Instead of getting advice from friends and loved ones you should talk to an experienced qualified lawyer to find out whether or not you can pursue a civil wrongful death claim.
The knowledgeable personal injury lawyers at Lombardi and Lombardi have been protecting the rights of clients throughout New Jersey for many years. Contact them today for a free consultation about your wrongful death case.