What is a Wrongful Death Claim?

A wrongful death is any death that occurs as a result of an accident that the victim did not cause. This can include, but is not limited to, a car accident, a slip or a fall, or a case of medical malpractice. When a wrongful death occurs, the victim’s close family members may be entitled to file a wrongful death claim to seek monetary compensation for the financial losses associated with his or her death. These can include:

  • Funeral expenses

  • Medical care following the accident that caused his or her death

  • The deceased’s projected earnings and contribution to his or her household

  • The support, companionship, and guidance the deceased offered to his or her family

  • The day to day contributions the deceased made to his or her household. This can include cooking, cleaning, or managing the home.

A wrongful death claim is a type of personal injury claim. If you have recently lost a loved one to an accident, work with an experienced personal injury attorney who knows how to handle wrongful death claims.

Who May File a Wrongful Death Claim?

In New Jersey, any individual who was considered to be a dependent on the deceased may file a wrongful death claim. This generally refers to the victim’s spouse and minor children, but may also include grandchildren, nieces, nephews, and any other individual who can prove that he or she was dependent upon the deceased.

The Wrongful Death Claim Process

In New Jersey, the statute of limitations for wrongful death claims is two years following the victim’s death. You must file the claim within this time frame or risk losing the right to file a claim at all.

Wrongful death claims, like other personal injury claims, are civil claims. Your attorney can file this type of claim on your behalf, then negotiate with the negligent party or his or her insurance provider for an adequate settlement for your losses. Your attorney will advise you about the type of documentation that you can use to support your claim. This documentation might be a paper trail of the victim’s interactions with medical care providers in a medical malpractice case or the police report and accident reconstruction when the claim is for a victim who died in a car accident.

Lansing & Hannum, LLC is here for you during this difficult time. If you are considering filing a personal injury claim for the loss of your loved one, contact our firm on the web or at 732-370-9596 to schedule your initial legal consultation with us. We can provide you with the guidance and legal representation you and your family need during this time.

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