Monmouth County NJ Wrongful Death Attorneys
In New Jersey, wrongful death is any act committed that is negligent, intentional, or considered medical malpractice that causes the death of another. The death of a loved one is excruciating and is exacerbated when it is a loss that could have been prevented. Family members have the recourse to sue for wrongful death against the person or entity who, by their negligence, caused the death of their loved one or failed to prevent it by breaching their duty of reasonable care. If you have lost a loved one due to another’s negligence, you are left with immense grief and a demand for answers and closure. Even though you must focus on you and your family’s recovery, it is important that investigation into the incident begin immediately.
At Chamlin, Uliano & Walsh, our attorneys are committed to carrying the legal burden so that you can focus on yourself and your family’s needs during this difficult time. From our Monmouth County office, we have dedicated over 50 years to assisting clients with wrongful death claims in Brick, Jackson, Manchester, Berkeley Township, Lacey, Stafford, Middletown, Howell, Marlboro, Manalapan, Freehold, Long Branch, Neptune and across New Jersey, Contact us today at 732-440-3950 to discuss your case with an attorney who can help to answer your questions, address your concerns, explore your legal options, and develop a plan of action to obtain the compensation you and your loved ones are entitled to.
How do Wrongful Death Cases Arise in New Jersey?
Fatal Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of wrongful death. Truck accidents and others involving large vehicles, in particular, are most likely to result in death. When conditions include dangers such as icy roads, snow, and storms, drivers must be more careful and slow down to prevent fatal car accidents. When a driver’s recklessness and failure to take care cause a deadly accident, he or she can be held liable under the law.
In 2023, there were over 40,000 fatalities on the roads of our country, and 661 of them (nearly 2%) happened in New Jersey. The most frequent cause of accidents on the road is distracted driving. Whether it is another driver fiddling with their phone or a trucker changing the destination on the GPS, a millisecond of distraction can lead to a horrible accident. Drowsy driving can happen to anyone, whether they ride a motorcycle, truck, car, or bus. Nodding off for a split second is enough time to run into someone. The weather cannot be controlled, but choosing to drive in bad weather or not taking the proper precautions can cause an accident. Pedestrians are also frequently unfortunate victims when drivers don’t yield at crosswalks or carelessly speed through parking lots, looking for the spot closest to the store entrance.
Death Due to Medical Malpractice
In some cases, the very doctors and hospitals we trust to keep us healthy can contribute to a death by accident, negligence or a failure to diagnose. From fatigue to a lack of training, doctors and staff can make critical errors. Should this result in a death, these institutions can and should be held legally accountable. There are an estimated 833,000 malpractice events per year in the U.S., causing 378,000 disabilities and 455,000 deaths. The most prolific cause of death in cases of medical malpractice is misdiagnosis caused by cognitive errors, mistaken symptoms, dismissal of symptoms, and a failure to communicate adequately with the patient. Conditions such as strokes, pneumonia, cancer, and sepsis account for 40% of all cases. The medical trope of a dramatic surgical error is one of the least common causes of wrongful death. Pregnancy and delivery issues are also relatively rare, but uncontrollable uterine hemorrhaging and postpartum infection (sepsis) can lead to death.
Deadly Abuse and Neglect in Nursing Homes
One of the most infuriating causes of wrongful death is that of elder abuse in nursing homes. Neglect such as malnutrition, dehydration, and bedsores are unfortunately more common than one would think. Medication errors, falls, a lack of proper medical attention, and outright abuse can also cause a wrongful death.
Fatal Workplace Accidents
Workplace accidents such as slipping and falling or a factory accident due to damaged equipment or improper training can be deadly in some cases. Premises liability cases such as poor security, slips and falls, and broken railings are causes of serious accidents.
Death Caused by Defective Products
An unsuspecting cause of wrongful death is defective products. Whether it is machinery in a factory or a child’s toy, faulty products can cause wrongful death. Many carmakers have announced recalls of defective parts that could become dangerous after use. For example, in 2020, Jeep recalled 154,000 Wrangler and Grand Cherokee electric models because a high-voltage battery was failing and causing a fire while the cars were parked.
Significance of Establishing Negligence and Causation in a Wrongful Death Action
In a wrongful death case, it must be proven that the decedent died as a direct result of the negligence of the defendant. The concept centers on whether the defendant’s negligence was the direct and proximate cause of the death or whether the death would have occurred regardless of their actions. The death must be a foreseeable result of negligence. The plaintiff has to show that, but for the defendant’s negligence, the death would have been prevented.
In order to be successful, a wrongful death case must demonstrate negligent or intentional action(s) that caused someone’s death. Construction sites can have fatal accidents caused by inexperience. For example, a crane operator who hasn’t completed their training can cause a serious accident. The construction company could be held negligent if they knew the operator was inexperienced. Car and truck accidents can be caused by negligence: distracted driving, road rage, or speeding are all causes of deadly accidents. Premises liability incidents such as electrical hazards or a lack of security to prevent child drownings in a pool area can cause premature death. Product liability can also cause wrongful death. If a pharmaceutical company releases a product and fails to inform consumers about its dangers, this may be a source of negligence. In the area of medical malpractice, failing to diagnose a condition or misdiagnosing one that leads to the patient’s death may be considered negligent.
Just as in a personal injury case, in a wrongful death suit, the plaintiff must prove four factors by a preponderance of the evidence: first, the party had a duty of care to protect the victim; second, the duty owed to the victim was breached; third, the defendant’s actions caused the victim’s death; and lastly, there are financial losses due to that death.
Types of Damages that may be Awarded for Wrongful Death
Damages from a wrongful death case cannot bring a loved one back or reverse the effects of the accident on those remaining. Unless something criminal occurred, however, these cases are the only legal means to hold responsible parties accountable and seek justice for your loved one. These financial awards also help to provide for the family that remains, especially if the deceased was a primary breadwinner. The possible damages in a wrongful death claim include the funeral, burial, and medical expenses, lost wages, loss of financial support, and loss of companionship or consortium resulting from the death of the victim.
Exploring the Legal Process for Wrongful Death Claims in New Jersey
A wrongful death suit must be filed within two years of the victim’s death. Wrongful death claims must be filed by the personal representative of the deceased’s estate. This can be an executor of the will or a family member who can prove economic dependence on the deceased. The executor or administrator is responsible for managing the deceased’s estate, settling tax bills and debts, and distributing the estate assets as stipulated in the will. If there is no will, the court can assign an executor, and the estate will be processed in probate.
The first step is establishing eligibility and determining if the accident merits further action. After a lawsuit is filed, evidence to present in the suit must be obtained. This can come from many sources, such as accident reconstruction experts, witnesses, and those who saw what happened. Your lawyer may resolve your case by negotiating a settlement for you with the insurance company. Still, if that doesn’t materialize, you can have your day in court, where an experienced attorney can prepare and present a compelling claim to maximize the damages that you are awarded through a successful verdict.
Contact our Monmouth and Ocean County Wrongful Death Law Firm
The loss of a loved one is devastating and is made even more so when their death could have been prevented. A monetary settlement will not bring your loved one back, but it can provide you and your family a more stable financial future. As experienced legal professionals with an impressive background handling personal injury and wrongful death cases, our experienced team of New Jersey wrongful death attorneys at Chamlin, Uliano & Walsh will investigate your case thoroughly, gathering evidence and interviewing witnesses. We will go far and wide to obtain every shred of possible evidence to support your claim. Our firm has the resources needed to win your case, such as accident reconstructionists, doctors, engineers, and others dedicated to presenting the facts regarding the accident. You won’t have to deal with the insurance companies. They sometimes take advantage of grieving families, pressuring them into a low settlement during their most vulnerable moments. Our attorneys are skilled negotiators who aren’t afraid to take your case to litigation if necessary.
To learn how a dedicated NJ wrongful death lawyer can provide the advocacy and legal expertise that you need on your side in this difficult time, please contact our West Long Branch, New Jersey, law firm today at 732-440-3950. The consultation is free and a member of our team is ready to assist you today.