Wrongful Death

New Jersey Wrongful Death Attorneys

At Varcadipane & Pinnisi, PC., our compassionate New Jersey wrongful death lawyers are dedicated to seeking full compensation for family members who have lost a loved one as a result of the negligent, intentional, or careless and wrongful acts of another. We represent clients who have lost loved ones from:

  • Motor vehicle accidents
  • Medical negligence
  • On-the-job accidents
  • Daycare abuse and neglect
  • Nursing home abuse and neglect
  • Railroad accidents
  • Pedestrian
  • Bicycle accidents
  • Accidents and deaths caused by asbestos and other hazardous products

We know how devastating it is to lose a loved one. When their death could have been prevented, it can make the devastation that much worse. You deserve justice and compensation.

What is a Wrongful Death in New Jersey?

A wrongful death claim arises from another party’s negligence or intentional act, just like a personal injury claim. However, in a wrongful death claim, the decedent isn’t here to file a personal injury claim. As such, the law allows for a personal representative to file a wrongful death claim in their absence seeking compensation for the damages resulting from their death. Basically, a wrongful death lawsuit can be pursued if the victim– could have pursued a personal injury lawsuit against another party if they had not died.

Examples of potential wrongful death claims include:

  • A property owner failing to put up a fence around their pool, resulting in a neighbor child’s drowning
  • A company failing to warn of the risks of using its product, such as a pesticide or medication, leading to the cancer
  • A driver failing to operate their motor vehicle while sober, causing to a fatal accident
  • A hotel failing to conduct background checks of their potential employees, allowing a deadly assault
  • A property owner failing to repair or fix a dangerous condition, causing a fatal slip and fall
  • An automaker failing to make safe vehicles or failing to recall defective vehicles, resulting in a deadly motor vehicle crash

Negligence in New Jersey Wrongful Death Claims

Like a personal injury lawsuit, a wrongful death claim requires the person bringing the lawsuit to prove the at-fault party’s negligence. To have a successful wrongful death claim, the four elements of negligence must be shown:

  • Duty – The other party owed the victim a duty of care. For example, they owed a duty to drive as a reasonable, prudent driver and to avoid placing other motorists and their passengers at risk of severe or fatal injury.
  • Breach – The party breached or violated their duty owed to the victim. Perhaps they were speeding on an icy roadway or were driving while impaired or distracted by a cell phone.
  • Causation – The party’s negligent (or intentional) actions were the direct cause of the victim’s death. If it weren’t for the party’s careless driving, the victim would not have been fatally injured.
  • Damages – Due to the party’s actions and their loved one’s death, those eligible to recover under the New Jersey Wrongful Death Act have suffered actual monetary losses.

Who Can Bring a New Jersey Wrongful Death Claim?

A New Jersey wrongful death claim in New Jersey must be filed by a personal representative of the decedent’s eligible survivors. The representative is frequently the executor named in the decedent’s will. Suppose there was no will, which is unfortunately common. In that case, the representative will be the individual the probate court appoints to serve as the administrator of the decedent’s estate.

The representative, usually through a New Jersey wrongful death lawyer, files the lawsuit on behalf of surviving family members who are entitled to inherit from the victim through New Jersey’s intestacy laws. Those family members can include:

  • The victim’s living spouse and children
  • If there is no living spouse and children, then the victim’s parents, if they are alive
  • If there are no surviving parents, then the victim’s surviving brothers, sisters, nieces, or nephews

If you are wondering who can bring a wrongful death lawsuit on behalf of your deceased loved one or who deserves to receive compensation, consult with an experienced New Jersey wrongful death attorney as soon as possible after their death.

New Jersey Wrongful Death Attorney

Suppose you’ve lost a loved one in New Jersey or New York due to the negligent actions of another person. In that case, you can count on New Jersey wrongful death attorneys at Varcadipane & Pinnisi, PC, to be here for you. Call us at 800-616-2916 or contact us online to schedule a complimentary consultation with a skilled New Jersey wrongful death lawyer.

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