New Jersey Wrongful Death Lawyer

New Jersey’s Wrongful Death Act and Survival Statute provide legal remedies to the heirs and dependents of a person killed in an accident and to his/her estate.

The aim of New Jersey’s Wrongful Death Act is to compensate survivors for their financial losses resulting from death. In most cases, the most significant recovery is for loss of financial support, an amount based on the monetary contributions which the decedent reasonably might have been expected to make to the survivors; it is not based on their needs. A jury can consider the impact of inflation and, since income would be spread over the remainder of the victim’s working life, any recovery or award must be discounted to reflect the present value of future projected earnings.

In addition to loss of support, recoverable damages include the loss of companionship, the value of household services such as cleaning, babysitting, and other home chores, the monetary value of parental guidance and care which the deceased would have provided their family such as nurture, training, education, guidance, and other services normally provided to a spouse, as well as hospital, medical, and funeral expenses.

Damages for loss of emotional pleasure and punitive damages are not recoverable or compensable under the Wrongful Death Act but can be compensable in another tort action for the negligent infliction of emotional distress. This cause of action requires the death or serious injury of another caused by the defendant’s negligence, a marital or intimate familial relationship between the plaintiff and the injured person, actual observation of the death or injury at the scene of the accident, and resulting severe emotional distress.

Any damages recovered in a wrongful death action are for the exclusive benefit of the heirs of the victim and are not available to creditors of the victim. Priority is given to the dependents of the deceased.

Stark & Stark Wrongful Death Case Services

The Stark & Stark wrongful death attorneys will fight to recover all the benefits you deserve. As a result of our experience in representing clients in wrongful death matters and through careful assessment and preparation, our personal injury lawyers help victims and their families obtain cash settlements for injury, medical expenses, and pain and suffering. Sometimes these positive outcomes are achieved only by going to trial. However, in many cases our lawyers are able to obtain favorable settlements outside of the courtroom, making the experience less stressful for our clients.

Frequently Asked Questions

Here are some questions and answers to help you better understand what’s involved in wrongful death lawsuit matters and important steps to follow to safeguard your safety and rights.

Contact

The Stark & Stark personal injury attorney team will advise you of your loved one’s legal rights and will aggressively prosecute a claim whenever our investigation reveals an instance of wrongful death.

SCHEDULE A FREE CONSULTATION

Stark & Stark – New Jersey Office

Address: 100 American Metro Blvd
Hamilton Township, NJ 08619

Phone: (888) 591-6916