Jersey City Wrongful Death Attorney
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.