The passing of a loved one is never easy, but the loss could be almost too much to bear if the death occurred due to negligence. Families often seek justice for their loved ones by taking legal action against the person, company, or entity responsible for the negligence. The legal system can be difficult to navigate alone, so you need an experienced wrongful death attorney to assist you during such an emotional time.
Wrongful death lawyer Jeffrey V. Stripto of Spring Lake Heights, New Jersey, has years of experience successfully fighting for compensation on behalf of his clients. If you believe you and your family are victims of negligence that led to a death, Attorney Stripto can help.
Every state has its own laws about what constitutes a wrongful death. According to New Jersey law, wrongful death is one that is “caused by a wrongful act, neglect, or default of another.” To qualify as wrongful death, the conditions must be so that the person who passed away could have filed a personal injury lawsuit against the offending party had the death not occurred.
In New Jersey, a person files a wrongful death claim in the civil courts, even if the negligence resulted from criminal activity. The case must be filed by the decedent’s beneficiaries or personal representatives to receive financial compensation or damages from the liable party. Conversely, liability in the criminal courts is penalized by jail, probation, or fines.
The damages awarded to you and your family can be used to cover medical expenses caused by the death, lost wages, and the surviving relatives’ pain and suffering or the loss of care and companionship.
Unfortunately, wrongful deaths occur in various everyday situations. Some of the common causes include:
It is necessary to note that accidents that lead to someone’s death are not always considered a wrongful death. Before a claim is filed, New Jersey law requires the plaintiff prove:
The claim is filed on behalf of the deceased’s family by either an executor of their estate or a personal representative. Any financial compensation awarded to the family is distributed to surviving dependents beneficiaries of the deceased.
People who can receive damages from a wrongful death claim include:
You cannot file a wrongful death claim at any time; you must adhere to the state’s time limits. In New Jersey, the statute of limitations for this type of lawsuit is two years from the day the person passed away. Any cases exceeding that time will not be heard in the court.
Seeking justice for a workplace incident that led to the death of an employee can be difficult. Still, the deceased’s surviving family may be entitled to 70% of their loved one’s wages and up to $3500 for funeral expenses from their employer under the New Jersey Workers’ Compensation Law. This benefit only applies to the deceased’s in-home dependents and any other relative who can prove they sustained financial losses from the person’s death.
Under typical circumstances, workers’ compensation is both a benefit to families in the event of a workplace accident and protection against lawsuits for the employer. Families often file claims against other responsible parties who are not protected under the Workers’ Compensation Law to circumvent this issue. They might receive workers’ compensation benefits and additional damages through a wrongful death lawsuit if the death was caused by:
Understanding the law’s nuances and how it applies to wrongful death is complicated, but a skilled lawyer will help you through the process. They have extensive knowledge of the legal process and all the state requirements, which they will use to build a strong case against the negligent party. They also know all the deadlines attributed to wrongful death claims, so your case will not be jeopardized by late document submissions or missed court dates.
The attorney’s expertise in the law helps the filing process move quickly. If you were to file the lawsuit without legal representation, it would be time-consuming, and you may overlook pertinent details or documents about your case. The lawyer will know exactly what needs to be done and the appropriate timeline to accomplish each task.
Attorneys not only provide legal representation, but they also offer support to their clients. They are valuable resources to you and your family during the time of grief over the unfortunate loss of your loved one. By taking over the tedious aspects of your case, your lawyer will relieve you of some stress and burden attributed to dealing with a wrongful death claim.
You and your family will have more time to mourn your loss and begin the healing process while your lawyer handles the claim. Many cases are settled out of court, but you can count on your wrongful death attorney to be by your side if it goes to trial.
If you or your family experienced a loss of life at the hands of someone else’s negligence, turn to Jeffrey V. Scripto, a knowledgeable wrongful death attorney serving clients throughout Monmouth County, NJ, and neighboring areas. With his intricate understanding of the state’s wrongful death laws and experience with successful medical malpractice and worker’s comp cases, he will work diligently to help your family receive compensation for your loss.
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