Nothing is more complex than losing a loved one unexpectedly. At the law offices of Ginsberg & O’Connor, we are sensitive to the emotional needs and economic concerns of families during these difficult times. Protecting New Jersey families since 1992, our personal injury lawyers can help you explore your rights and options, so you can protect the people you love and get the support you need.
Protecting New Jersey Families
Whether you have lost your loved one in a car crash, a construction site fall, or another accident, your family will face several immediate and long-term challenges. Our job is to address all your legal concerns and ensure you have access to the compensation you deserve so that you can be there for your family.
There are strict laws in New Jersey that dictate what a family can recover after losing a loved one in an accident. The general rule is that you cannot get compensated for emotional pain and suffering in a personal injury claim. However, there are exceptions to that rule, including wrongful death accidents. We have been particularly successful in pursuing that exception as part of the full recovery owed to our clients.
Answers to Common Questions About Wrongful Death Litigation
Below, we’ve answered some questions you may have as you contemplate legal action following your loved one’s death.
What can I recover in a wrongful death case?
In a wrongful death case, you may be able to recover various types of damages. These can include:
- Medical expenses related to the deceased’s injury or illness
- Funeral and burial costs
- Lost wages and benefits that the deceased would have earned
There is a similar but distinct type of case in New Jersey known as a survivorship action, which allows plaintiffs to seek compensation for things like pain and suffering that the victim experienced before death.
The exact amount and type of claim will depend on the types of damages and the specifics of the case.
What are some common misconceptions about wrongful death litigation?
One common misconception is that wrongful death cases are straightforward and quick. In reality, these cases can be complex and time-consuming, requiring thorough investigation and the knowledge of an experienced attorney. Another misconception is that filing a wrongful death lawsuit is only about seeking financial compensation. While economic recovery is a significant aspect, many families also pursue these cases to seek justice and hold the responsible parties accountable.
What can I do to prepare for my wrongful death case?
To prepare for your wrongful death case, start by gathering all relevant documents, such as medical records, death certificates, and any correspondence related to the incident. It’s also helpful to write down a detailed account of events leading up to and following the wrongful death. Then, please consult with one of our skilled and caring wrongful death attorneys. They can guide you through the process, help you understand your rights, and develop a strong case strategy.
Who can file a wrongful death lawsuit in New Jersey?
In New Jersey, typically, the executor or administrator of the deceased’s estate files a wrongful death lawsuit. This person is often named in the deceased’s will. If there is no will, the court may appoint an administrator. Immediate family members, such as spouses, children, and parents, are usually the primary beneficiaries of any awarded damages.
Can a wrongful death lawsuit be settled out of court?
Yes, many wrongful death cases are settled out of court through negotiations between your attorney and the defendant’s legal team. Settling out of court can be quicker and less stressful than going to trial. However, if a fair settlement cannot be reached, our lawyers are always prepared to take your case to trial to seek the justice and compensation you deserve.
Legal Help for Difficult Times
You are going through a lot right now, but you do not have to go through it alone. Our wrongful death lawyers are ready to answer your questions, explain your options, and make sure you get the full and fair compensation you deserve after your loss. Call us toll-free at 856-727-1991, or contact us online today to schedule a free initial consultation and learn more.