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Wrongful Death Accidents Are Quite Common in New Jersey
There are a variety of accidents or incidents that can cause catastrophic injuries including wrongful death:
- Car accidents: Death caused by reckless driver or automotive defect
- Truck accidents: These accidents are often caused by driver negligence
- Motorcycle accidents: A motorcyclist is far more likely to die in an accident than a passenger in a car
- Workplace accidents: Person killed on the job
- Construction accidents: When site operators fail to adhere to certain safety standards and a worker or bystander dies, the contractor or insurance company may be liable
- Medical malpractice: Error by a medical professional
- Products liability: Manufacturer, designer, or distributor may be liable for defective products
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The NJ Wrongful Death Act and Survival Statute allows for survivors to receive compensation for financial losses resulting from wrongful death. Parents, spouses, siblings, and children can potentially file wrongful death claims.
This is a unique kind of personal injury case because the wrongful death statute permits recovery for financial losses only. Other types of damages, such as punitive damages, must be reached through other statutes or suits. The wrongful death statute allows eligible parties to seek compensation for hospital care, medical bills, funeral expenses, lost future projected earnings, and loss of companionship.
Special Cases of Wrongful Death in New Jersey that May Require Advanced Legal Strategies
- Death of a child: The death of a child is covered under the Wrongful Death Act. Parents can recover for the loss of companionship, as well as the reasonable expectation of financial support in later years.
- Emotional distress: Although damages for emotional distress are not recoverable under the statute, they may be recoverable in a separate tort action for negligent infliction of emotional distress. This requires the survivor to have actually witnessed, at the site of the accident, the death or the injury that caused the death.
- Pain: Pain suffered by the deceased is not covered under the Wrongful Death Act, but New Jersey has a separate statutory remedy, called a survivor action. This allows for recovery by the decedent’s estate for injuries suffered in the time leading up to death.
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Contact Our New Jersey Wrongful Death Lawyers at Lombardi & Lombardi for a Free Consultation
Wrongful death is a complex area of law. There are different statutes and mechanisms for seeking relief. Additionally, you will need an experienced lawyer because wrongful death law in New Jersey has complicated statutory limitations.
Leave the legal decisions to a professional. You deserve a chance to grieve your loss and be with your family during this time. Let the compassionate advocates at Lombardi and Lombardi, P.A., P.A. take care of the legal matters. We’ve helped numerous clients win their personal injury cases throughout New Jersey, including Monmouth, Ocean and Middlesex counties. For a free consultation about your wrongful death claim, call us 732-906-1500 or use our online contact form.
