In old American common law, all of a person’s legal claims died with them. Unfortunately, this created a contradiction where the victim’s family received no compensation for their loved one’s fatal injuries. It also meant that punitive damages were impossible to impose upon the at-fault party, essentially letting them go scot-free in civil courts after negligently causing someone’s death.
Along with other states, New Jersey created two legal claims to address this injustice: wrongful death and survival claims. These are meant to make up for the losses suffered by the victim and their family members due to the at-fault party’s actions.
Jersey City wrongful death lawyers from Garces, Grabler & LeBrocq have experience fighting for the family members of those who died due to someone else’s actions. Our personal injury attorneys understand the pain and losses you have endured, and we provide determined and professional representation in our battle for justice.
What Is a Wrongful Death Claim?
The decedent’s family, with the help of a Jersey City attorney, can bring a wrongful death and/or survival claim when a person or business causes an injury, disease, or condition that results in the victim’s death.
The death must result from an act or circumstance that would have given the deceased victim a legal claim, including:
- Negligent acts, such as drunk driving
- Intentional acts, such as a battery or homicide
- Defective product use
- Dog bites or animal attacks
- Toxic exposures
A wrongful death claim allows the deceased person’s executor or administrator to recover compensation for financial losses on behalf of the victim’s surviving family members.
On the other hand, a survival claim allows the executor or administrator to recover compensation for financial losses and distress experienced by the victim before death. It is essentially the lawsuit the victim would have filed if they had lived. This compensation becomes part of the deceased’s estate and is distributed among the appropriate heir(s).
Types of Wrongful Death Claims
Some types of wrongful death claims include the following:
Compensation in a Wrongful Death Claim
New Jersey’s wrongful death and survival statutes spell out certain damages the executor can seek. To note, this includes the family’s financial losses from their loved one’s death, but it does not include emotional distress caused by the death.
As a result, these damages include:
Lost Wages
The executor can seek compensation for the money the victim would have contributed to the family. This usually includes the victim’s wages and the value of any fringe benefits such as health insurance. According to New Jersey’s official jury instructions, this amount covers the after-tax value that the family would have received for the victim’s expected lifetime.
Lost Family Benefits
The claim can also include the value of the financial value of the victim’s presence in the family members’ lives. Again, this doesn’t refer to any emotional value. Instead, it refers to concrete financial losses like the monetary value of the victim’s companionship, advice, and mentorship. It also covers the value of the inheritance the family members lost due to the victim’s early death.
Lost Services
Another aspect of the victim’s financial contributions covers the services they rendered to the family. If the decedent provided services like babysitting, auto repair, cooking, and cleaning, the claim could include the cost of replacing these services.
Death Expenses
Hospitals, doctors, and mortuaries often look to family members to pay their bills. Thankfully, the executor can also recover any amounts paid by the family for medical bills, funeral expenses, and burial costs.
Compensation in a Survival Claim
The damages in a survival claim include the losses the victim suffered between their fatal injury and their death. Examples of these damages include:
- Medical bills paid by the victim
- Pain and suffering experienced by the victim from the fatal injury
Therefore, the compensation in a survival claim essentially covers what the victim could have recovered had they survived. This claim can include emotional distress experienced by the deceased person, but like a wrongful death claim, it cannot include the emotional distress of the family members.
Who May File a Wrongful Death Claim in New Jersey?
New Jersey requires the deceased person’s executor or administrator to file the wrongful death claim. The executor is named in a deceased person’s will, but if the victim dies without a will, a probate court appoints an administrator. In either case, this person is responsible for hiring a lawyer and managing the claim on behalf of the estate.
The main difference between wrongful death and survival claims is where the damages go. In a wrongful death claim, a judge divides the damages among the victim’s family members based on New Jersey inheritance law. While dividing the money, the judge disregards the victim’s will and divides the money as if they had no will. Thus, someone can get a share of wrongful death damages even if they were left out of the victim’s will.
On the other hand, damages from a survival claim become part of the victim’s estate. Therefore, they’re divided according to the person’s will, and anyone left out of the will won’t receive a share of the damages.
What Is My Time Limit for Filing a Wrongful Death Claim in Jersey City?
Time limits for any type of claim are tricky. In the case of wrongful death and survival claims, executors and administrators must be mindful not to delay too long because most claims expire only two years after the death. However, this deadline may not always apply, and estates may be beholden to certain other restrictions that complicate their timetable when filing a suit.
That’s why it’s vital to consult a Jersey City wrongful death attorney from Garces, Grabler & LeBrocq as quickly as possible. Missing any relevant deadlines can result in a dismissal of any case you might have had, but a lawyer can analyze your situation to make sure you do not miss any critical dates.
Common Causes of Wrongful Death
A surviving family member can only bring a wrongful death action if the offender acted in a way that led to their loved one’s passing. Some common causes of wrongful death include:
- Accidents involving motor vehicles, pedestrians, motorcyclists, or bicycles
- Medical errors, including surgical errors, misdiagnosis, wrong dose administration, and wrong prescription
- Bad equipment or products
- Sustaining injuries on another property – could be a business or a private property
- Animal bites or attacks
- Illnesses or accidents while at work
- Physical assault or battery, armed robbery, or other crimes
- Accidents at amusement or theme parks
A clear identification of the cause of death and the events leading up to it is necessary for a successful wrongful death claim. A Jersey City wrongful death attorney from Garces, Grabler & Lebrocq P.C will work to determine these while building the case.
Legal Representation and Wrongful Death Claims Process
A claim can only be brought by a personal representative, usually appointed by a court. This person is often either chosen by the deceased as an executor of their estate or appointed by the Surrogate’s Court as an administrator of the estate. The representative may also be a surviving family member such as a spouse or domestic partner, an adult child, or the deceased’s parents.
The personal representative then institutes the claim against the negligent party whose actions led to the loved one’s death. While they could do it themselves, it is significantly better to have an experienced wrongful death attorney in Jersey City handle the entire process.
A lawyer will pursue compensation for all associated damages, including lost companionship. The lawsuit can be filed against the liable party or with their insurer. Naturally, the at-fault party or their insurance provider will likely negotiate the compensation amount.
If the insurance company makes a counteroffer that is too low or negotiations stall, the attorney can take the case to trial to ensure the surviving family members get the compensation that they deserve.
Usually, insurance companies become more amenable to settling if they know the plaintiff and their attorney are not only willing to go all the way, but that the lawyer, like the wrongful death attorneys here at Garces, Grabler, & Lebrocq P.C, has trial law experience.
Once the settlement is awarded and the money is paid, the beneficiaries receive their portions of the estate and the case is closed.
When Should Surviving Relatives File a Wrongful Death Claim?
Relatives should file a wrongful death claim immediately. The thing about grief is that surviving relatives may be too overwhelmed to file a claim quickly. The insurance companies and other entities rely on this and hope that by the time the plaintiff comes around to filing, it will be too late due to New Jersey’s two-year statute of limitations.
This is why, even in grief, it is important to begin the claims process as quickly as possible. If a claimant does not feel like it, they can leave it to the compassionate and seasoned lawyers at Garces, Grabler & Lebrocq P.C to do everything, while they focus on mourning the death of their loved one.
Why Hire GGL?
The team at Garces, Grabler & LeBrocq has provided knowledgeable, aggressive, and professional representation in personal injury and wrongful death cases since 1991. Our Jersey City wrongful death lawyers have recovered over $1 billion in compensation for our clients.
We know the pain and stress that comes with losing a family member. That’s why we treat every client as if they were part of our family, guiding them through the complexities of the legal system with grace and skill. Contact us online or call 1-800-923-3456 to schedule a free consultation today.
