Finding a Path Forward After a Tragic Loss
Few moments in life are more heartbreaking than losing someone you love. When that loss is caused by someone else’s negligence or misconduct, the grief can be even more overwhelming. Along with emotional suffering, families are often left with unexpected financial burdens – from funeral expenses to lost income – and uncertainty about their legal rights.
At Garber Law, we understand how devastating this time can be. We’re here to provide compassionate legal support and help families pursue justice through a wrongful death claim in New Jersey. This legal path can offer your family much-needed financial support and a way to seek justice for your loved one.
What Is Considered Wrongful Death in New Jersey?
A wrongful death occurs when someone dies because of another party’s careless, reckless, or intentional actions. In New Jersey, surviving family members may be entitled to seek compensation by filing a wrongful death lawsuit in civil court.
This is different from a criminal case, which focuses on punishing the offender. Legal action for wrongful death is about helping the family recover the financial losses they’ve suffered as a result of the untimely death.
Who Can File a Wrongful Death Lawsuit?
According to N.J.S.A. 2A:31-1, a wrongful death claim in New Jersey can be filed by:
- The deceased person’s spouse, children, or grandchildren
- Parents of the deceased
- Siblings, nieces, or nephews who were financially dependent on the deceased
- The personal representative (executor) of the deceased’s estate
The law prioritizes close relatives who relied on the deceased for financial or emotional support, ensuring they have an opportunity to recover damages.
Common Causes of Wrongful Death
Wrongful death cases can arise in many different situations. Some of the most common causes include:
- Medical Malpractice: Such as surgical errors, misdiagnoses, or medication mistakes.
- Car and Truck Accidents: Including crashes caused by distracted or reckless drivers.
- Workplace Accidents: Particularly on construction sites or involving dangerous machinery.
- Defective Products: Like faulty medical devices, unsafe medications, or malfunctioning consumer goods.
- Unsafe Property Conditions: Including fatal slip and falls or structural failures.
- Criminal Acts: Including homicides and other violent actions.
- Nursing Home Abuse or Neglect: When poor care leads to fatal injuries in long-term care facilities.
How Do You Prove a Wrongful Death Case?
To bring a successful wrongful death suit in New Jersey, you must prove that another party’s negligence caused your loved one’s death. This typically involves four key elements:
- Duty of Care: The responsible party had a legal obligation to act safely (e.g., a driver must follow traffic laws or a doctor must provide competent medical care).
- Breach of Duty: They failed to meet that obligation through negligent or wrongful actions.
- Causation: That failure directly caused the person’s death.
- Damages: The surviving family has suffered financial or emotional losses because of the death.
This process often requires a thorough investigation, supporting evidence, and expert testimony.
Situations Where Legal Action May Be Appropriate
Every wrongful death case is unique, but certain circumstances appear more frequently in legal claims. Below are hypothetical scenarios inspired by common situations in New Jersey. These examples are provided to help families understand how wrongful death lawsuits may arise and what legal action might look like:
Scenario 1: Fatal Car Accident Involving Distracted Driving
A driver in Camden is texting behind the wheel and runs a red light, causing a collision that tragically results in a passenger’s death. In a case like this, the victim’s family may have grounds to file a wrongful death claim, alleging that the driver’s negligence directly led to the fatal crash and the resulting financial and emotional losses.
Scenario 2: Medical Negligence During Surgery
A Cherry Hill resident undergoes a routine surgical procedure but suffers fatal complications due to a preventable medical error. If an investigation reveals that the healthcare provider failed to meet the accepted standard of care, the family may be able to pursue a wrongful death lawsuit against the responsible medical professionals or facility.
These examples are not based on specific cases but are representative of the types of incidents that can lead to wrongful death claims. If you believe your loved one’s passing was caused by negligence or misconduct, it’s important to consult with a New Jersey wrongful death attorney who can assess your situation and explain your legal options.
What Compensation Can Families Recover?
No amount of money can replace the loss of a loved one. But a wrongful death claim can help ease the financial stress that often follows an unexpected death. In New Jersey, eligible family members may be able to recover:
Economic Damages
- Funeral and burial expenses
- Medical bills related to the final illness or injury
- Loss of the deceased’s income and future financial support
- Loss of household services (such as childcare, maintenance, or caregiving)
Non-Economic Damages
- Loss of companionship, guidance, and emotional support
- Loss of consortium for a surviving spouse
While New Jersey law does not permit compensation for grief alone, there are additional legal options in certain situations. For example, if a family member witnessed the death and experienced severe emotional trauma, they may be able to file a negligent infliction of emotional distress claim.
Additionally, under N.J.S.A. 2A:15-3, families may bring a survival action, which seeks compensation for the pain and suffering the deceased experienced before passing. Any damages awarded in a survival action become part of the estate and may be distributed to beneficiaries.
Are Punitive Damages Available?
Punitive damages are rarely awarded in wrongful death cases, but they may apply in cases involving particularly reckless or intentional conduct – such as drunk driving or criminal negligence. These damages are meant to punish the wrongdoer and deter similar conduct in the future.
Why You Should Work with a New Jersey Wrongful Death Lawyer
Wrongful death cases are complex, emotionally charged, and time-sensitive. Working with an experienced attorney can make a significant difference in your case. At Garber Law, we help grieving families by:
- Investigating the cause of death
- Gathering evidence and expert opinions
- Identifying all responsible parties
- Calculating the full scope of financial and emotional losses
- Negotiating with insurance companies
- Representing you in court, if necessary
We’re committed to easing your burden during this difficult time by handling the legal side so you can focus on healing.
Don’t Wait – Act Within the Legal Deadline
In New Jersey, you typically have two years from the date of death to file a wrongful death lawsuit. Missing this deadline could prevent your family from recovering compensation. It’s crucial to speak with a lawyer as soon as possible to preserve your rights and begin building your case.
Speak with a South Jersey Wrongful Death Lawyer at Garber Law Today
If someone else’s negligence caused your loved one’s death, you shouldn’t have to face the legal process by yourself. Let Garber Law stand by your side.
We serve clients in Cherry Hill, Camden, Trenton, Atlantic City, and throughout New Jersey and Pennsylvania, offering compassionate legal guidance and aggressive representation.
Call (856) 219-4628 or contact us online to schedule your free consultation today.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different, and legal outcomes depend on individual circumstances. To get specific guidance, please contact a licensed New Jersey wrongful death attorney.