Hackensack Wrongful Death Lawyer

The unexpected loss of a loved one in an accident is devastating emotionally and can create extreme financial hardship. Holding someone accountable can offer justice, and the financial settlement can provide more stability for your family.

A Hackensack wrongful death lawyer at Garces, Grabler, & LeBrocq could explain the law and determine whether you have a viable claim. Our personal injury attorneys never settle a case for less than it is worth and will ensure you receive the compensation you deserve.

Proving That Negligence Led to Death

A lawsuit seeking compensation for a death is possible when another party’s negligence led to the death. Negligence means failing to use a reasonable degree of care to prevent harm to others. The responsible party could be a person, a business or organization, a unit of government, or some combination of these.

Fatal motor vehicle accidents often lead to wrongful death claims. Other incidents that are usually the result of negligence include:

• Explosions and fires
• Exposure to toxins leading to fatal diseases
• Defective products
• Workplace accidents
• Falls that cause fatal injuries
• Dog attacks
• Drownings

When a crime leads to a fatality, it is often possible to hold the owner of the property where the crime occurred liable for a wrongful death.

Our Hackensack negligence attorneys will review the circumstances surrounding a death. When there is evidence that another party’s lack of care resulted in the fatality, legal action seeking compensation is possible.

Two Different Lawsuits May Be Possible

Whenever someone dies due to someone else’s negligence, a wrongful death lawsuit is possible. When death was not immediate, another lawsuit called a survival action could be brought with the wrongful death lawsuit. The two lawsuits arise out of the same incident, so they are usually brought together, but there are some significant differences.

Wrongful Death Action

A wrongful death claim must be filed within two years of the deceased person’s death. According to New Jersey Statute § 2A:31-2, the executor of the deceased person’s will or the person a court names as their personal representative is the person who must file the lawsuit.

The proceeds go to the surviving family members. The lawsuit can claim compensation for funeral expenses, the financial contributions the deceased person made to their household, the value of the tasks the deceased person contributed to their household, and money for the loss of the deceased person’s love and guidance.

The judge hearing the case decides how much money the deceased person’s survivors receive. The amount depends in part on how reliant they were on the deceased person’s contributions to their household. An attorney in Hackensack could explain which family members are most likely to receive a portion of the proceeds from a wrongful death lawsuit in a specific case.

Survival Action

A survival action is the lawsuit a deceased person could have brought if they had recovered from their injuries. It is also brought by the executor or personal representative of the deceased person’s estate, and it must be filed within two years of the death.

A survival action can claim reimbursement of the deceased person’s medical expenses and lost wages between the time of injury and the date of death. Proceeds of a survival lawsuit also include money to compensate for the deceased person‘s pain and suffering before they died.

The proceeds of a survival action are paid into the deceased person’s estate and can be used to pay their debts. Any funds left over will be distributed to the deceased person’s heirs according to their will. If they did not have a will, an attorney could explain how the law requires the money from a survival lawsuit to be distributed.

Consult an Attorney in Hackensack After a Loved One’s Wrongful Death

A loved one’s death can leave a family devastated. The pain of loss can combine with anger when someone else’s conduct results in your loved one’s death.

A lawsuit can be a way to honor your loved one while securing necessary financial relief. Contact a Hackensack wrongful death lawyer at our firm today to review your situation and explore legal options.