What is a wrongful death claim?
A wrongful death claim is a legal action that surviving family members can bring to recover compensation for the death of their loved one due to someone elseu2019s negligent or wrongful actions.
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Jersey City Wrongful Death Attorney
Do you have a wrongful death case? We Can Help You. No Fee Unless We Win. Our team of personal injury lawyers have successfully recovered millions of dollars on behalf of our clients. We proudly represent injured clients throughout New Jersey.
We proudly represent injured clients throughout New Jersey
Wrongful death claims are among the most difficult and complex cases. They require legal precision, compassion, and sensitivity from attorneys as they work closely with surviving family members who are experiencing the tremendous grief that comes with losing a loved one. If you have lost a family member in an accident, you need to speak with an attorney who can compassionately and objectively evaluate the facts of your case and help you decide whether to file a wrongful death claim.
Our attorneys at Bhatt Law Group have been helping people with their personal injury cases, including wrongful death claims, since 2006 and can provide you with a free initial consultation. Call us at (201) 798-8000 to find out how we can help you.
What is a wrongful death claim?
Essentially, a wrongful death claim is a legal action that surviving family members can bring to recover compensation for the death of their loved one because of someone else’s negligent or wrongful actions. Under New Jersey’s Wrongful Death Act and Survival Statute, the following family members may be able recover compensation in wrongful death claims:
- The surviving spouse and children of the victim
- If the victim was not married and had no children, then the victim’s parents
- If there are no surviving parents, then the victim’s surviving siblings, nieces, or nephews
However, just being related is not enough. The person filing a wrongful death claim must demonstrate actual dependency on the deceased person. A court will determine how to apportion the proceeds from a successful wrongful death case among all the potential takers based on a list of factors, including the ages of the dependents, their physical and mental conditions, and their financial conditions.
Compensation in a Wrongful Death Claim
The survivors can recover damages for different kinds of losses. For example, family members may recover compensation for the following:
- Medical expenses related to the deceased person’s illness or injuries
- Funeral and burial expenses
- Loss of financial support from the deceased person
- Loss of guidance, care, and companionship that the survivors would have received from the deceased family member
- Loss of household services, such as cleaning and childcare
New Jersey law does not allow survivors to recover for emotional distress or mental suffering in a wrongful death case.
A Jersey City Wrongful Death Lawyer Can Help You File a Claim
Wrongful death claims may only be brought by the Executor of the deceased person’s will or the Administrator appointed by the court, if the person died without a will. Generally, the Executor or Administrator has to file a wrongful death suit within two years of the person’s death.
Preparing to file a wrongful death claim requires an extensive amount of investigation to collect evidence of liability and documentation of damages. Therefore, if you are considering filing a wrongful death claim, you should consult with a personal injury attorney right away.
Bhatt Law Group has attorneys with decades of combined experience who will take the time to listen to the facts of your case and discuss all of your legal options. We will work with you at every juncture, and you can be sure that you have a team of attorneys evaluating every aspect of your case. Do not hesitate to call us at (201) 798-8000 for a free initial consultation.
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Recent Settlements
T-BONE Accident
$2,300,000 Settlement
$2,300,000 Settlement
Our client’s car was t-boned by a commercial vehicle. As a result, she required multiple lumbar spine surgeries. Bhatt Law Group immediately filed a lawsuit and retained experts. Prior to trial and after several depositions, we were able to obtain a settlement on behalf of our client.
Side-Swipe Accident
$2,000,000 Settlement
$2,000,000 Settlement
Our client’s vehicle rolled over several times after being side-swiped by an 18 wheeler. This resulted in significant injuries to his neck and back. Client was unable to return to work because of his injuries. The insurance company contested the liability but after filing suit, serving discovery, and taking depositions, Bhatt Law Group was able to settle this case.
Reckless Driving Accident
$1,750,000 Settlement
$1,750,000 Settlement
Our client was struck by a car that was attempting to make an illegal u-turn. This resulted in significant damage to our client’s car and he was taken to the hospital by ambulance. Our client required both back and knee surgery and physical therapy.
Speeding-Related Accident
$1,300,000 Settlement
$1,300,000 Settlement
Our client was injured in a motor vehicle accident. As a result of the accident, our client sustained injuries to her spine.
Pedestrian Accident
$950,000 Settlement
$950,000 Settlement
Our client was injured when she was struck by a motor vehicle when crossing the street. As a result of the accident, our client sustained a fractured leg and injuries to her back. This was a difficult liability case but the settlement was obtained as a result of strong settlement negotiations.
Slip and Fall Accident
$825,000 Settlement
$825,000 Settlement
Our client was injured when he slipped and fell on ice. As a result of the accident, our client sustained a broken ankle.
Rear End Accident
$375,000 Settlement
$375,000 Settlement
Our client was injured when he was rear-ended by a commercial vehicle in Jersey City. The liability insurance carrier argued low impact with minimal property damage and our client’s age to minimize the extent of his damages. As a result of the accident, our client sustained injuries to his neck and back resulting in multiple injections including a two level lumbar fusion and discectomy surgery. This settlement was the result of strategic preparation and strong settlement negotiations.
Car Accident
$100,000 Settlement
$100,000 Settlement
Our client was injured when she was involved in a motor vehicle accident in Maplewood. The claim had its complexities due to the claimant’s ongoing health issues, prior accident history and age. As a result of the subject accident, our client sustained an aggravation of injuries to her neck, back and right shoulder resulting in a one level discectomy with instrumentation. The bodily insurance carrier tendered its insured’s policy limits prior to the two year statute of limitations and without extensive litigation.
Multi-Vehicle Accident
$75,000 Settlement
$75,000 Settlement
Multi-motor vehicle accident involving our client who suffered back injuries requiring injections.
* Results may vary depending on your particular facts and legal circumstances.
Your Personal Injury Team
When someone’s negligence causes you or a loved one serious injury, you deserve justice. Our team of personal injury lawyers at Bhatt Law Group is here to help you obtain the maximum available compensation for your medical costs, lost income, and other losses. We’re dedicated to fighting for the rights of injured people throughout New Jersey.
Your Criminal Defense Team
When you’ve been charged with a crime or a traffic offense in New Jersey, you need a dedicated team of lawyers who will fight your charge aggressively. At Bhatt Law Group, our criminal defense team is made up of skilled and experienced trial attorneys, including a former prosecutor, who will work hard to get you the best possible outcome for your case.
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Domestic matters can be incredibly complicated and emotional. Our team of New Jersey family lawyers at Bhatt Law Group are dedicated to protecting your best interests in family law matters, from divorce to custody disputes to DYFS investigations. Let us help you through this challenging time in your life.
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Client Stories
Renee
Bhatt Law Group Client
Renee was involved in a T-bone accident. Hear how Bhatt Law Group was able to go above and beyond to help Renee after her accident.
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Drupaj
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* Results may vary depending on your particular facts and legal
circumstances.
Frequently Asked Questions
Who can file a wrongful death claim in New Jersey?
In New Jersey, the surviving spouse, children, parents, or siblings of the deceased may file a wrongful death claim, provided they can demonstrate actual dependency on the deceased.
What types of compensation can be recovered in a wrongful death claim?
Survivors can recover damages for medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and loss of household services.
Can emotional distress be claimed in a wrongful death case?
No, New Jersey law does not allow survivors to recover for emotional distress or mental suffering in wrongful death cases.
Who is eligible to file a wrongful death suit?
Only the Executor of the deceased personu2019s will or the Administrator appointed by the court can file a wrongful death suit.
What is the time limit for filing a wrongful death claim in New Jersey?
Generally, a wrongful death claim must be filed within two years of the personu2019s death.
How can I get a consultation for a wrongful death claim?
You can call Bhatt Law Group at (201) 798-8000 to schedule a free initial consultation.
What should I do if I want to file a wrongful death claim?
You should consult with a personal injury attorney as soon as possible to discuss the facts of your case and your legal options.
What experience does Bhatt Law Group have with wrongful death claims?
Bhatt Law Group has been helping clients with personal injury cases, including wrongful death claims, since 2006.
Are there any recent settlements that Bhatt Law Group has achieved?
Yes, Bhatt Law Group has achieved several significant settlements, including a $2,300,000 settlement for a T-bone accident.