It is likely if you’re reading this page that you’ve lost a loved one. Morelli Law wishes to extend our deepest condolences. It’s also likely that you feel your loved one died because of someone else’s negligence or wrongful act. We can help you receive compensation for what happened.
While no amount of money can bring back your loved one, compensation can lessen the financial burden of suddenly losing someone before their time. Our Wayne wrongful death lawyers in Wayne are ready to speak with you about what happened.
What Is Wrongful Death?
A death becomes “wrongful” when the cause of the death is due to someone else’s neglect or deliberate action. Families that have lost someone because of violent crime may be eligible to bring forth a wrongful death lawsuit.
Many of the personal injury situations our firm sees can lead to a wrongful death lawsuit. Injuries at work, on someone’s premises, or in vehicle accidents can easily turn deadly. Sometimes, loved ones die even in the middle of a lawsuit, which may force a change to a wrongful death claim.
The sudden loss of a loved one can bring financial disaster to a family unprepared for the loss. Wrongful death lawsuits are an opportunity to receive compensation to lessen the blow while you process what happened.
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Who Can Bring a Wrongful Death Lawsuit?
The law limits who can bring a wrongful death claim on behalf of a loved one. The key idea is financial dependency. Only the people financially dependent on the deceased can bring a wrongful death lawsuit. In New Jersey, these include:
- The surviving spouse
- Any minor children
- Any other family members financially dependent on the deceased
As part of the filing, we will need to show financial dependency. This is fairly easy in most cases. Ideally, there will also be a named personal representative for the estate of the deceased prior to their death.
If there is no personal representative to help set up an estate, we will need to get that settled by the court. Our wrongful death lawyers in Wayne can help you with this process, though it will make your case more complicated.
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What Damages Could I Receive in a Wrongful Death Case?
Under New Jersey laws in N.J. Stat. Chapter 2A:31, you can claim economic damages like:
- Reasonable funeral expenses
- Final medical expenses
- Lost potential income into the family
- Any other financial cost related to the death of your loved one
Unfortunately, under the same laws, juries cannot award non-economic damages like pain and suffering or loss of consortium. Therefore, our focus will be on finding all the costs and lost potential income to your family or children because of the death of your loved one.
There is also the possibility of punitive damages, which may be awarded if the cause of death was especially egregious or negligent. We can ask for these in court, but it is up to the court to decide if they’ll grant them.
How Long do I Have to File a Wrongful Death Claim?
In New Jersey, you have two years to file a wrongful death claim before the court will deny your claim. This is the statute of limitations for this kind of case. Thus, there is no reason to delay your claim if you feel your loved one died wrongfully.
By starting early, you also give your lawyer time to gather more evidence and fresher evidence before memories start fading and records are lost. Should your case become complicated or heavily contested, your lawyer can toll the statute and stop the clock from running out before your case can be heard in court.
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Seek Help After a Wrongful Death
Once again, Morelli Law Firm wishes to extend our sincere condolences for your loss. If you feel you have a wrongful death claim, we can see if your case qualifies and, if so, tell you how we will help you get compensation.
To get your case started, speak with one of our wrongful death lawyers in Wayne in a free consultation. Call us at the number on your screen or use our free case evaluation form to schedule an appointment.