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Wrongful Death

New Jersey Wrongful Death Attorneys Fight for Grieving Families

Reputable law firm seeks full compensation for tragic fatalities

Among accident and malpractice cases, the most emotionally challenging are actions for wrongful death. For more than 30 years, The Anthony Pope Law Firm has been relentless in our pursuit of justice for injured clients. We’ve obtained millions of dollars in compensation for victims whose injuries were preventable. If you’re grieving the unnecessary loss of a loved one, we can help to hold those responsible accountable for their actions.

What is an action for wrongful death?

When a person acts negligently, recklessly or deliberately to cause the death of another, a wrongful death has occurred. Wrongful death is an action under civil law that allows persons close to the victim to sue for compensation for their losses as a result of their loved one’s death. Different states have different rules about who is permitted to sue following fatal accidents.

What is the law on wrongful death in New Jersey?

New Jersey permits family members who were financially dependent on the deceased to sue for their financial losses. These losses may include:

  • Funeral and burial expenses
  • Medical bills the surviving family members paid
  • Lost future financial support
  • Estimated dollar value of homemaking services
  • Estimated dollar value of advice or counsel

Family members may not recover for:

  • The victim’s pain and suffering
  • Their own emotional distress, unless they witnessed the event that took the decedent’s life
  • Loss of the decedent’s society or companionship

In the case of a wrongful death of a child, there are no financial dependents. However, the court estimates financial losses based on several factors, including the child’s age, work expectancy and earning potential.

What is a survival action?

A survival action is a lawsuit the estate of a deceased person initiates to obtain compensation for the financial losses and suffering of the deceased prior to death. This type of action is not open to family members when a loved one is killed instantly, as in a truck accident. A survival action is appropriate when someone’s negligence caused harm to a person who suffered compensable losses and later died. A notable example would be a patient who receives a delayed diagnosis of cancer, which a doctor should have caught at a very early stage. If that delay is the reason the patient suffered, incurred medical expenses and later died, the estate can recover damages.

What is the statute of limitations for wrongful death in New Jersey?

The statute of limitations for wrongful death and survival actions in New Jersey is two years if the death is accidental. There is no statute of limitations for wrongful death in cases of murder, aggravated manslaughter or manslaughter.

Contact a proven and determined NJ attorney for wrongful death actions

The sudden death of a loved one is emotionally devastating, but it’s so much worse when reasonable care could have prevented it. If a negligent, reckless or deliberate act took your loved one from you, rely on a proven trial attorney. Call The Anthony Pope Law Firm at 973.344.4406 or contact our Newark office online for a free consultation.

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