Peter N. Davis–Your Trusted New Jersey Wrongful Death Lawyer
Losing a loved one is an indescribably painful experience, especially when their loss comes as a result of someone else’s negligence or wrongdoing. A wrongful death claim seeks to provide some measure of justice for this irreplaceable loss, offering financial support and holding the responsible parties accountable. Each New Jersey wrongful death lawyer at Peter N. Davis & Associates has years of experience handling the complexities of New Jersey wrongful death laws with sensitivity, respect, and unwavering dedication.
Under the leadership of Attorney Peter N. Davis, our team combines years of legal experience with a personalized approach to each case. We know that no amount of compensation can truly replace your loved one, but it can help alleviate the financial burdens associated with their untimely departure. From medical bills to funeral expenses and the loss of income, we are here to ensure that your family receives the maximum compensation you are entitled to while you focus on healing and honoring the memory of your loved one.
We’re more than just your lawyers; we’re your advocates, your supporters, and your guide through one of life’s most challenging moments. Let us help you find a path forward, with the dignity and justice your loved one deserves.
How Does New Jersey Law Define a “Wrongful Death”?
New Jersey’s legal framework provides a compassionate understanding of the profound loss families endure when a loved one passes away due to the actions, or inactions, of another. The state defines a wrongful death as a death caused by a wrongful act, neglect, or default, as stated in N.J. Stat. § 2A:31-1 (2021). This legal definition forms the foundation upon which families can seek justice and compensation for their unimaginable loss.
A wrongful death claim in New Jersey allows the surviving family members to hold responsible parties accountable for the actions that led to their loved one’s untimely passing. These claims are rooted in the premise that, had the deceased survived, they would have been entitled to file a personal injury claim against the wrongdoer. Now it falls upon the survivors to stand in their place, seeking both recompense and closure.
Being aware of the nuances of wrongful death lawsuits is crucial for families contemplating this legal avenue. Wrongful death claims can arise from a multitude of circumstances, including but not limited to:
- negligent property management,
- automobile accidents,
- occupational hazards,
or any situation where neglect, default, or wrongful actions can be established.
The essence of these lawsuits is not only to compensate the bereaved for their financial losses, such as funeral expenses and lost income, but also to acknowledge the emotional and psychological impact of their loss.
At Peter N. Davis & Associates, we are deeply committed to guiding families through this legal process with empathy, respect, and unwavering support. Understanding the full scope of what constitutes a wrongful death in New Jersey is the first step toward achieving justice for your loved one and ensuring their legacy endures.
When Should You Hire a Wrongful Death Attorney?
Seeking legal counsel can profoundly influence the trajectory of your wrongful death lawsuit. Here are specific scenarios when the guidance of a wrongful death attorney becomes indispensable:
- Immediately After the Incident: As soon as the wrongful death occurs, especially if it’s due to clear negligence or a criminal act. Early legal intervention ensures evidence preservation and timely initiation of the legal process.
- When Facing Complex Legal Issues: If the death resulted from intricate circumstances involving product liability or workplace accidents, navigating these legal issues necessitates experience and local knowledge.
- If the Cause of Death is Unclear: An attorney can help investigate and determine liability when the cause of death isn’t immediately apparent, ensuring responsible parties are held accountable.
- Before Engaging With Insurance Companies: Prior to any discussions with insurance adjusters, who often aim to minimize payouts. A lawyer can protect your interests, ensuring negotiations reflect the claim’s true value.
- If Settlement Offers Are Insufficient: When an insurance company presents a settlement that doesn’t cover the full extent of your damages, an attorney can negotiate for a more appropriate compensation.
- When the Statute of Limitations Is Nearing: Legal claims are bound by time limits. Hiring an attorney ensures your claim is filed within New Jersey’s statute of limitations, preserving your right to compensation.
- If Multiple Parties Might Be Liable: In situations where multiple parties could be responsible for your loved one’s death, an attorney can help identify all liable parties to maximize your claim’s potential.
Securing the services of a wrongful death attorney under these circumstances can make a significant difference in your ability to secure the compensation you deserve.
New Jersey Wrongful Death Claims: Liability
Successfully recovering compensation in a wrongful death claim in New Jersey involves examining the intricacies of liability. Establishing who is at fault and proving their responsibility under New Jersey law is pivotal to securing justice for your loved one. Here’s how liability is determined and what it means for your case.
How Do You Prove Liability?
Proving liability in a New Jersey wrongful death case hinges on establishing four key elements:
- Duty of Care: Demonstrating that the defendant had a duty to act reasonably and avoid causing harm. For instance, drivers have a duty to obey traffic laws and operate their vehicles safely.
- Breach of Duty: Showing that the defendant failed to uphold their duty of care through negligent actions or omissions. This could involve a driver texting while driving or a doctor failing to diagnose a treatable condition accurately.
- Causation: Linking the defendant’s breach of duty directly to the victim’s death. It must be clear that the wrongful act or negligence was the proximate cause of death.
- Damages: Proving that the death resulted in quantifiable damages. This includes medical expenses incurred prior to death, funeral and burial costs, loss of income and support, and emotional suffering of the family members.
Evidence such as eyewitness testimony, expert opinions, accident reports, and medical records play a crucial role in substantiating these elements.
Who Could Be Held Liable?
In New Jersey, a variety of parties can be held liable in wrongful death claims, depending on the circumstances surrounding the incident:
- Individuals: This includes drivers in vehicular accidents, property owners in premises liability cases, or any individual whose negligent actions led to a death.
- Businesses and Organizations: Companies may be liable for wrongful death if their products cause death (product liability) or if their failure to ensure a safe environment leads to a fatal incident.
- Government Entities: If the death was due to the negligence of a government agency or its employees, such as poor road maintenance or inadequate public safety measures, the entity could be liable.
Determining liability often requires a detailed investigation into the circumstances of the death, identifying all parties who may share responsibility.
What If the Deceased Was Partly Responsible?
New Jersey follows a modified comparative negligence rule, allowing families to recover damages even if their loved one was partly at fault for their own death, provided their level of responsibility is less than 50%. The total amount of compensation awarded will be reduced by the percentage of fault assigned to the deceased.
For example, if the deceased was found to be 20% at fault, the compensation awarded to the family would be reduced by 20%.
Understanding these aspects of liability in wrongful death claims can be daunting. At Peter N. Davis & Associates, our team possesses the experience and sensitivity needed. We are dedicated to meticulously building your case, from proving liability to holding all responsible parties accountable, ensuring your family receives the full measure of justice and compensation you are entitled to.
Damages Available to Survivors After a Wrongful Death in New Jersey
In the wake of a wrongful death, survivors are faced with not only emotional loss but also financial uncertainty. New Jersey law acknowledges this dual burden and permits the recovery of various types of damages. These compensations are designed to alleviate the financial strain on the bereaved family and to recognize the value of the life lost. Here’s a detailed look at the types of damages survivors may seek in New Jersey wrongful death claims:
It’s important to note that in New Jersey, wrongful death damages are awarded to the estate of the deceased and distributed according to their will or the state’s intestacy laws, rather than directly to survivors. This distinction ensures that compensation is allocated among the deceased’s legal beneficiaries, reflecting the economic and non-economic contributions they would have made to their family’s lives.
