Wrongful Death Lawyers
Losing a family member is devastating under any circumstances. When the death was caused by another person's or company's negligence, families may also be left with questions about how the tragedy occurred, whether it could have been prevented, and who should be held responsible.
A wrongful death claim cannot undo the loss of a loved one, but it can provide a legal means of holding responsible parties accountable and seeking compensation for the financial losses resulting from the death.
Under New Jersey law, a wrongful death action may arise when a person's death is caused by a wrongful act, neglect, or default that would have entitled the deceased person to pursue a claim had they survived.
At The Law Office of Todd I. Siegel, we represent families throughout New Jersey in serious personal injury and wrongful death matters. For more than 30 years, our firm has helped individuals and families understand their rights and pursue compensation when negligence causes preventable harm.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action arising from a death caused by another party's wrongful conduct or negligence.
Essentially, if the deceased person could have pursued a personal injury claim had they survived the accident, the circumstances may support a wrongful death action after their death. New Jersey's Wrongful Death Act provides for liability even when the conduct causing the death may also constitute a crime.
A wrongful death case is separate from any criminal prosecution that may arise from the same incident. The purpose of the civil claim is to pursue damages available under New Jersey law for those affected financially by the death.
Common Causes of Wrongful Death
Wrongful deaths can result from many different types of accidents and negligent conduct.
Potential causes include:
Determining whether a death was legally wrongful requires examining the circumstances surrounding the incident and whether another party's conduct caused or contributed to the death.
Wrongful Death Caused by Motor Vehicle Accidents
Serious motor vehicle collisions are a common source of fatal injuries. Drivers have a responsibility to operate their vehicles with reasonable care and comply with traffic laws.
Fatal crashes may involve:
Speeding
Distracted driving
Impaired driving
Reckless driving
Failure to yield
Running traffic signals
Unsafe lane changes
Following too closely
Driver fatigue
Other negligent conduct
When a negligent driver causes a fatal collision, the victim's family may have grounds to pursue a wrongful death claim.
Commercial truck accidents may involve additional parties, including trucking companies, vehicle owners, contractors, maintenance providers, or others depending on what caused the crash.
Wrongful Death Caused by Medical Malpractice
Patients trust doctors, nurses, hospitals, and other healthcare providers with their health and safety. Unfortunately, serious medical errors can sometimes result in a patient's death.
Potential wrongful death cases involving medical malpractice may arise from:
Failure to diagnose a serious condition
Delayed diagnosis
Surgical errors
Medication errors
Anesthesia mistakes
Failure to appropriately monitor a patient
Birth-related negligence
Failure to respond to a medical emergency
Other departures from the applicable standard of care
A patient's death does not automatically mean medical malpractice occurred. Generally, the evidence must establish that the healthcare provider failed to meet the applicable standard of care and that the failure caused or contributed to the patient's death.
Medical malpractice wrongful death cases frequently require review by qualified medical experts.
Fatal Construction and Workplace Accidents
Construction sites and other workplaces can expose workers to falls, machinery, vehicles, electricity, falling objects, and other serious hazards.
Fatal workplace accidents may involve:
Falls from scaffolding
Falls from ladders or roofs
Falling objects
Crane accidents
Machinery accidents
Electrocution
Explosions
Vehicle accidents
Structural collapses
Defective equipment
Workers' compensation laws can affect claims arising from workplace deaths. However, when someone other than the employer contributed to the accident, the circumstances may also support a separate third-party wrongful death claim.
Identifying every potentially responsible party can therefore be particularly important following a fatal workplace or construction accident.
Wrongful Death Caused by Dangerous Property Conditions
Property owners and businesses may have legal responsibilities concerning the safety of people lawfully on their premises.
Fatal accidents can potentially result from:
Dangerous stairways
Serious falls
Inadequate maintenance
Unsafe swimming pools
Fires
Structural failures
Defective elevators or escalators
Other dangerous property conditions
Whether a property owner or another party can be held responsible depends on factors including how the accident occurred, the nature of the hazard, and what the responsible party knew or reasonably should have known about the condition.
Defective Products and Wrongful Death
Dangerous or defective consumer and industrial products can cause catastrophic injuries.
Potentially fatal incidents may involve:
Defective vehicles or vehicle components
Dangerous machinery
Defective medical devices
Unsafe children's products
Defective appliances
Electrical products
Industrial equipment
Other consumer products
Depending on the circumstances, manufacturers, distributors, sellers, or other parties may potentially bear responsibility when a defective product causes a person's death.
Preserving the product and other physical evidence following an accident can be important when a defect is suspected.
Who Can Bring a Wrongful Death Claim in New Jersey?
New Jersey has specific rules governing who formally brings a wrongful death action.
Under state law, a wrongful death action is generally brought in the name of the deceased person's administrator or administrator ad prosequendum. When the deceased left a will that has been probated, the qualifying executor or administrator with the will annexed may bring the action.
This is different from simply allowing any relative to individually file a wrongful death lawsuit.
The damages recovered through a wrongful death action are ultimately for the benefit of those entitled under New Jersey's wrongful death laws. Because estate administration and wrongful death procedures can overlap, determining the appropriate person to bring the action is an important early step.
Wrongful Death Claims vs. Survival Actions
A fatal accident can potentially give rise to both a wrongful death action and a survival action, but the two claims serve different purposes.
A wrongful death action generally addresses the financial losses suffered by qualifying beneficiaries because of the person's death.
A survival action preserves certain claims that the deceased person could have pursued had they survived. New Jersey's Survivor's Act allows the estate representative to pursue damages the deceased could have recovered while living, as well as reasonable funeral and burial expenses in qualifying cases.
For example, when a person survives a serious accident for a period of time before passing away from their injuries, a survival claim may address damages that accrued between the injury and death.
Because the damages and legal theories involved are different, both claims may need to be evaluated following a fatal accident.
What Damages Can Be Recovered in a New Jersey Wrongful Death Case?
Wrongful death damages in New Jersey focus primarily on the pecuniary or financial losses resulting from the death.
Depending on the circumstances, damages may potentially account for losses such as:
Lost financial support
Lost future income and financial contributions
Loss of household services
Loss of care and assistance
Loss of guidance, advice, and counsel
Medical expenses associated with the fatal injury
Funeral expenses
Other qualifying financial losses
The amount recoverable depends heavily on the deceased person's circumstances, including age, health, earnings, occupation, family relationships, and the financial and practical contributions the person would reasonably have been expected to provide.
The Financial Value of Household Services
The financial impact of losing a family member is not limited to a paycheck.
A spouse or parent may contribute substantial value to a household through services such as:
Childcare
Cooking
Cleaning
Home maintenance
Transportation
Financial management
Assistance with family responsibilities
Guidance and support to children
Replacing these services can create significant long-term expenses.
In a wrongful death case, economists and other experts may sometimes be used to calculate the value of financial contributions and household services the deceased person would likely have provided over their expected lifetime.
Wrongful Death of a Parent
The death of a parent can create substantial financial and practical losses for surviving children.
In addition to lost income and financial support, children may lose valuable parental guidance, education, advice, and services.
Determining the full financial impact of losing a parent requires considering much more than the parent's current salary. Their expected career trajectory, benefits, household contributions, and role within the family may all become relevant.
Wrongful Death of a Spouse
The death of a spouse may leave the surviving family without income, household services, assistance, and other contributions that had been relied upon for years.
A wrongful death claim may consider the value of the financial support and services the deceased spouse would reasonably have continued providing.
The particular damages available depend on the family's circumstances and the evidence supporting the claimed losses.
Wrongful Death of a Child
Few losses are more devastating than the death of a child.
Wrongful death cases involving children can present particularly difficult questions when determining pecuniary damages because a child may not yet have established an employment history or earnings record.
The financial damages available depend on New Jersey law and the individual circumstances of the case. Families considering a claim involving the death of a child should have the specific facts carefully evaluated rather than relying on assumptions about what compensation may or may not be available.
Evidence in a Wrongful Death Case
Wrongful death cases often require substantial investigation. Evidence must establish both why the fatal accident occurred and the losses resulting from the death.
Potential evidence may include:
Police and accident reports
Photographs and video
Surveillance footage
Witness statements
Medical records
Autopsy records
Employment and income records
Tax returns
Business records
Insurance information
Vehicle data
Maintenance records
Product evidence
Expert accident reconstruction
Medical expert testimony
Economic evaluations
Evidence can disappear quickly following an accident. Vehicles may be repaired, surveillance footage can be overwritten, dangerous property conditions may be corrected, and witnesses' memories can fade.
Prompt investigation can therefore be important.
How Long Do You Have to File a Wrongful Death Claim in New Jersey?
New Jersey's Wrongful Death Act generally requires an action to be commenced within two years after the death of the decedent. The statute contains an exception for certain deaths resulting from murder, aggravated manslaughter, or manslaughter when the statutory requirements involving the criminal proceeding are satisfied.
Survival actions are also generally subject to a two-year period measured from the death under New Jersey's Survivor's Act.
Other deadlines and procedural requirements may apply depending on the circumstances, particularly when a public entity, medical malpractice, or another specialized area of law is involved.
Families should therefore avoid assuming that they have a full two years in every situation before taking action. Speaking with an attorney promptly can help preserve evidence and identify any additional deadlines that may apply.
Who Can Be Held Responsible for a Wrongful Death?
The responsible party depends on what caused the death.
Potential defendants may include:
Negligent drivers
Trucking companies
Employers
Property owners
Businesses
Construction contractors
Product manufacturers
Healthcare professionals
Hospitals and medical facilities
Governmental entities in appropriate circumstances
Other individuals or organizations whose conduct caused or contributed to the death
Some fatal accidents involve multiple responsible parties. A thorough investigation can help determine how the incident occurred and identify every potentially liable person or entity.
Contact a New Jersey Wrongful Death Lawyer
The loss of a loved one can leave a family facing emotional devastation alongside unexpected financial uncertainty. When another person's or company's negligence caused the death, families deserve answers about what happened and whether the tragedy could have been prevented.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm investigates serious and fatal accidents, evaluates the financial and personal consequences of a loved one's death, and helps families understand the claims that may be available under New Jersey law.
If you lost a loved one because of another person's or company's negligence, contact The Law Office of Todd I. Siegel to discuss what happened and learn more about your legal options.
