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Hackensack Wrongful Death Lawyer
Searching for a wrongful death lawyer in Hackensack? 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. Call (201) 798-8000 today, use our contact form below, or chat with us live 24/7 for a free consultation.
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The death of a loved one is painful regardless of the circumstances. But, the death of a loved as a result of someone else’s negligence can be even more painful.
If you have lost a loved one as a result of someone else’s negligence or recklessness, it’s important to speak with a lawyer immediately. New Jersey law only allows you a limited amount of time to file what is called a wrongful death claim against those responsible.
For this reason, it is important that you contact Bhatt Law Group as soon as possible to consult with an experienced Hackensack wrongful death lawyer. Let us help protect and preserve your right to file a claim to hold the wrongdoers accountable for the death of your loved one. Call us today at (201) 798-8000.
Contact Our Hackensack Office
Address:
411 Hackensack Avenue, 2nd Fl.
Hackensack, NJ 07601
Phone Number:
(201) 798-8000
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by the estate of a person who has been killed as a result of another’s negligence, recklessness, or wrongdoing. The purpose of a wrongful death claim is to shift the cost associated with the death of a family member from the decedent’s family to the person or entity who caused the death.
For a wrongful death claim to be filed, the circumstances that resulted in the death of a person must be such that the deceased would have grounds to file a personal injury claim had they lived. Thus, a wrongful death claim is essentially a personal injury lawsuit brought on behalf of a deceased person by his or her estate or family.
For a New Jersey wrongful death claim to succeed, the decedent’s estate must prove the following five elements:
1. A death occurred;
2. The death was the result of the defendant’s wrongful conduct;
3. The defendant’s wrongful conduct would have given rise to a personal injury claim had the decedent survived;
4. The decedent is survived by one or more persons who have suffered a loss as a result of his or her death; and
5. The actual amount of damages recoverable by the decedent’s estate.
What Can Give Rise to a Wrongful Death Claim?
There are, unfortunately, many different circumstances where one person’s (or entity’s) negligence can result in the wrongful death of another. The following circumstances frequently give rise to wrongful death claims in New Jersey:
- Medical mistakes
- Motor vehicle accidents
- Nursing home abuse and neglect
- Slip and fall accidents
- Construction accidents
- Defective products
- Drunk driving
- Violence or criminal acts
Work-related deaths are handled differently than those that occur outside of the workplace. If the death occurs while the decedent was at work, compensation in the form of death benefits will typically be administered through the state’s workers compensation system.
What is The Statute of Limitation for a Wrongful Death Claim?
Under New Jersey law, a wrongful death claim must be filed within 2 years from the date your loved one passed away. Fail to file a claim by this deadline and it will almost certainly be barred from ever being filed.
Who Can File a Wrongful Death Claim in New Jersey?
When someone dies as the result of someone else’s negligence, the lawsuit procedures are a little bit different than in other personal injury cases. In New Jersey, a wrongful death claim is most often filed by the executor or personal representative of the decedent’s estate, usually a family member. That person makes all of the litigation decisions as though he or she were the plaintiff.
Any damages recovered in a wrongful death claim will be distributed to surviving family members who were dependent on the decedent at the time of his or her death, or who were entitled to inherit from the decedent’s estate. This includes:
- Spouses;
- Children and grandchildren;
- Parents;
- Siblings;
- Nieces and nephews; and
- Anyone else who can verify that they were dependent on the decedent or entitled to inherit.
What Damages Can Be Recovered in a Wrongful Death Claim?
The damages that can be recovered in a wrongful death claim can be divided into two basic categories:
1. Financial Damages – also referred to as pecuniary losses
2. Non-financial Damages – refer to as non-pecuniary losses
Financial Damages
The financial damages recoverable in a wrongful death claim may include the following:
- Funeral expenses – reasonable funeral and burial costs, as well as, medical costs related to the decedent’s final injury or illness. These losses are relatively easy to establish.
- Loss of financial contributions – the loss of gifts that the decedent would normally give if he or she was still alive, as well as, the ability to inherit from the deceased naturally.
- Loss of financial support – this includes household expenses such as rent, food, and utility bills, as well as, other expenses that the decedent would have normally paid for or contributed to.
Non-financial Damages
Non-financial damages are much more difficult to place a value on and may include:
- Loss of love and companionship
- Loss of household services – loss of housekeeping, cooking, childcare, making repairs, and assistance with everyday tasks and chores.
- Loss of consortium – loss of the comfort, guidance, training, and advice that the decedent would have provided.
Contact An Experienced Hackensack Wrongful Death Lawyer
If you have lost a loved one in Hackensack, New Jersey, as a result of someone else’s negligence, you have a right to pursue a wrongful death claim to be compensated for your family’s loss, financial and emotional. A wrongful death claim, however, can be difficult to navigate without the assistance of a lawyer, especially when you are trying to heal after the loss of a loved one.
A compassionate and caring wrongful death lawyer can handle the legal aspects of your loved one’s death as you deal with the emotional needs of your family, with the confidence that your lawyer is doing whatever he or she is lawfully able to do to recover the compensation that your family deserves.
To speak with an experienced Hackensack wrongful death lawyer who understands the nuances and intricacies of the wrongful death statute in New Jersey, contact Bhatt Law Group at (201) 798-8000, or here online to arrange a free case evaluation.
Our Hackensack office is located at:
Bhatt Law Group
411 Hackensack Avenue, 2nd Fl.
Hackensack, NJ 07601
Book a Free Consultation
Recent Settlements
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.