Wrongful Death Attorney
Was your loved one killed as a result of the negligence of others? If so, you may be able to bring a wrongful death action against those responsible.
When you lose a family member as a result of the actions of others, you may be experiencing anger and frustration in addition to your grief. A wrongful death claim will allow you to seek justice and make sure that this type of incident doesn’t happen again.
What is a Wrongful Death Claim?
In both New Jersey and New York, a civil lawsuit may be brought against those responsible for causing a loved one’s death in order to recover monetary damages for losses you have personally suffered due to your loved one’s death.
However, under New Jersey statute N.J.S.A. 2A:31-2, only the personal representative of the victim’s estate, on behalf of individuals who are entitled to initiate a wrongful death lawsuit in New Jersey, is allowed to file a wrongful death.
The individuals who are entitled to initiate a wrongful death action under N.J.S.A. 2A:31-2, in order of preference, include:
- The surviving spouse;
- Children;
- Grandchildren;
- Parents;
- Siblings, nieces, and nephews;
- Anyone who can prove that they were dependent on the deceased person at the time of his or her passing; and
- Anyone else who is entitled to inherit from the decedent’s estate under New jersey intestacy law
Similarly, under the New York’s Consolidated Laws, Estates, Powers and Trusts Law, only the “personal representative” of the deceased person’s estate can file a wrongful death claim against the wrongdoer(s) to recover compensation on behalf of deceased person’s estate, as well as, on behalf of the deceased person’s heirs beneficiaries.
If you think that you are entitled to file a wrongful death claim in New Jersey or New York, you should consult with an experienced wrongful death attorney near you to learn about your rights.
Damages for Wrongful Death
The recoverable damages for wrongful death generally include:
- The victim’s final medical expenses;
- Funeral and burial costs; and
- The amount of money the victim reasonably would have earned if he or she had remained alive.
Damages for a wrongful death may also include compensation for loss of financial support to the victim’s surviving family members, as well as for loss of love, loss of companionship, loss of household services, loss of consortium, etc.
The Statute of Limitations for a Wrongful Death Claim
There are strict statutes of limitations or deadlines by which you must initiate a wrongful death claim. Most wrongful death claims must be filed within two years of the date of injury or death. If a claim is not initiated before the statute of limitations expires, it will most likely be barred from ever being filed.
The Law Office of Peter Briskin: Wrongful Death Law Firm NJ, NYC
If you are looking for a wrongful death attorney in New Jersey or New York, you should know that our attorneys are both highly experienced and knowledgeable in the area of wrongful death law and will fight aggressively for the compensation you and your family deserve.
If you would like to speak with an experienced wrongful death lawyer near you, call the Law Office of Peter Briskin, P.C in New Jersey at (908) 279-7979. In New York City, call our office at (212) 608-7778. Alternatively, you can send us a message regarding your case via our contact form. We are eager to help recover the compensation you deserve.