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Wrongful Death | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Wrongful Death

Why File a Wrongful Death Suit in New Jersey?

A wrongful death lawsuit can provide the money you need to cover funeral expenses, medical bills, lost earnings and more. However, if one of your family members died because of the carelessness or recklessness of another individual or company, you deserve far more than just financial compensation — you deserve justice.

At Gold, Albanese & Barletti L.L.C., we are committed to fighting for this justice and holding the negligent party accountable. With decades of experience, our attorneys handle cases involving the negligence of another person or entity in:

  • Construction Accidents
  • Medical Malpractice Cases
  • Motor Vehicle Accidents
  • Premises Liability Cases
  • Product Liability Cases

There are two potential claims that can be brought about if a death occurred as the result of the negligence of another in New Jersey. These are a wrongful death claim and a survivorship claim.

What Is Considered Wrongful Death in New Jersey?

Wrongful death, as defined by the State of New Jersey, is a death that occurred due to the wrongful actions, negligence or default of another. The right to pursue financial damages as a result of the death of a loved one is protected by the Wrong Death Statute. The proof required for a case like this includes:

  • Proof of negligence
  • A breach in the duty owed to the decedent by another occurred
  • That the breach was the cause of the decedent’s demise
  • That the surviving dependents of the decedent suffered damages as a result of the untimely death

While a wrong death claim is in many ways similar to other personal injury claims, one big difference is that the survivors cannot seek compensation for emotional pain and suffering.

  • Read our Wrongful Death FAQ for more information

Wrongful Death Claims and Compensation

Generally, wrongful death claims are brought before the court by a personal representative of the decedent’s Estate on behalf of the survivors. Only actual financial losses are dealt with in a wrong death case. The damages sought can include the following:

  • Medical and Funeral Expenses – This includes any reasonable medical, funerary or burial expenses involved with the decedent’s injury and death.
  • Loss of Financial Support – This covers the amount of income that the decedent would have provided to the survivors had they been able to continue offering financial support.
  • Loss of Services – The value of various services the decedent would have provided to the survivors, such as child care, cooking, cleaning, etc.
  • Loss of Companionship – The value of the guidance, support and companionship the decedent would have given to the survivors.

The pain and suffering experienced by the decedent from the time of the accident until their death is handled by a separate statute called the Survivorship Statute. This statute allows the Estate of the decedent to file a claim on behalf of the deceased for their pain and suffering and any money gained through such a claim is then distributed to the survivors based on the decedent’s will or based on the New Jersey Intestacy statutes if they had no will. Also remember that the statute governing wrongful death claims does not currently allow the survivors to claim damages for any emotional pain and suffering they underwent.

Understanding Guidance Through a Challenging Legal System

Bringing a lawsuit against the negligent party can seem overwhelming when you are already dealing with so many other issues and emotions. During this difficult time, the assistance of a skilled personal injury lawyer at our firm can make a world of difference for you and your family.

We provide professional and empathetic representation in wrongful death cases, clearly and competently guiding surviving family members through the complexities of the New Jersey legal system. Our goal is to provide comfort throughout the litigation process by protecting you and securing your interests. We will work hard to help you close this sad chapter and obtain the money you need to provide for your family in the future, just like your departed loved one would want.

Contact Gold, Albanese & Barletti, LLC

Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.

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Related Practice Areas

  • Personal Injury
  • Assault and Battery in Personal Injury
  • Boat Accident Lawyers
  • Brain Injuries
  • Broken Bones
  • Burn Injuries
  • Construction Accident Lawyer
  • Explosion & Fire Accidents
  • Medical Malpractice
  • Motor Vehicle Accidents
  • Nursing Home Negligence
  • Premises Liability
  • Product Liability Lawyer
  • Scarring & Disfigurement
  • Spine Injuries
  • Workers’ Compensation

FAQs

  • If I Bring A Wrongful Death Lawsuit, Will I Have To Go To Court?

    Most wrongful death claims are settled as long as the case is supported by adequate evidence. That means grieving families don't typically have to go before a judge or jury to achieve justice on behalf of the deceased
  • What Is Wrongful Death Malpractice?

    New Jersey defines a "wrongful death" as a death "caused by a wrongful act, neglect or default.". In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including negligence-based incidents (such as car accidents)
  • If I Bring A Wrongful Death Lawsuit, Will I Have To Go To Court?

    Most wrongful death claims are settled as long as the case is supported by adequate evidence. That means grieving families don't typically have to go before a judge or jury to achieve justice on behalf of the deceased.
  • How Is A Wrongful Death Lawsuit Different From A Personal Injury Lawsuit?

    A personal injury claim arises when a person is injured in some way due to someone else’s negligent behavior. Generally, a wrongful death lawsuit would have been a personal injury case, if the deceased person had survived.
  • What Should I Do If an Insurance Company Approaches My Family with a Settlement?

    Immediately after a wrongful death, the insurance company for the at-fault party may contact your family about a settlement. Unfortunately, these immediate settlement offers favor the insurance company, not your family. They are intended to get you to sign off on your legal rights for a minimal amount of money,
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973-326-9099
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Wall NJ Office

1516 Hwy 138, Ste 2C, Wall, NJ 07719
732-936-9901
732-936-9904

Boston MA Office

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617-367-8840

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Since 1997, Gold, Albanese & Barletti, L.L.C. has helped thousands of clients across a wide variety of legal practice areas, including personal injury, motor vehicle accidents, workers’ compensation, and more. Contact us today to schedule a free consultation regarding your legal matter.

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Morristown NJ Office

48 South St, Morristown, NJ 07960
973-326-9099
973-326-9841

Boston MA Office

10 Post Office Square, Suite 800 South, Boston, MA 02109
617-723-5118
617-367-8840

Wall NJ Office

1516 Hwy 138, Ste 2C, Wall, NJ 07719
732-936-9901
732-936-9904

Primary Practice Areas

  • Personal Injury
  • Car Accidents
  • Workers’ Compensation
  • Wrongful Death

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